Pereira, Erick WilsonBezerra, Lucas Augusto Martins2023-07-192023-07-192023-07-13BEZERRA, Lucas Augusto Martins. Poder moderador, militares e a constituição federal de 1988: cabe às Forças Armadas brasileiras o papel de agente moderador na hipótese de conflitos políticos e institucionais entre os Poderes da República?. 2023. 51 f. Monografia (Graduação em Direito) - Universidade Federal do Rio Grande do Norte, Centro de Ciências Sociais Aplicadas, Curso de Direito. Natal, RN, 2023.https://repositorio.ufrn.br/handle/123456789/53850In recent years, the thesis has spread in Brazil that the Armed Forces could exercise a supposed “Moderating Power” to arbitrate institutional and political conflicts between the Powers of the Republic. It is on this thesis that the present study will focus. In this sense, the central question to be answered is: “According to the Brazilian legal system, could the Armed Forces act as a Moderating Power in the event of dissent between the Powers of the Republic?”. The hypothesis presented is that the aforementioned thesis has no constitutional basis, is contrary to law, jurisprudence and expresses the "Doctrine of National Security" and the ideology of the "Military Moderating Power", which must be removed, since they are incongruous with the State. Democratic Law. Methodologically, this is pure, qualitative, exploratory and bibliographical research. To answer the aforementioned question, a theoretical analysis of the political and legal meaning of the Moderating Power in the work of Benjamin Constant is initially made. Soon after, the study pursues the application of the Moderating Power in the Imperial Constitution of 1824, punctuating the distorted importation of Constant's doctrine to Brazil. In sequence, focuses on the historical construction of the role of the Brazilian military as agents of the political process during the Republic, exposing that the construction of this role is closely related to the “Doctrine of National Security” and the ideology of the “Military Moderating Power”. ” and goes back to how the Brazilian Army was historically organized. In a later topic, serious and recent cases of military interference in Brazilian politics are analyzed, in order to make it clear that the ideology of the “Moderating Power” continues to strongly influence the political thinking of the military in Brazil, providing the basis for a tradition of political action military in the civilian environment. Having carried out the historical and social-political approach of the "Moderating Power", it focuses on the Federal Constitution of 1988 and its hypotheses of exception, in order to find out if they would contain a prerogative that would allow the Armed Forces to act as a Moderating Power in case of dissent between the Powers of the Republic. After this analysis, the study starts to focus on art. 142 of the Federal Constitution, asking whether the functions conferred by the device to the Armed Forces would harbor this prerogative. Afterwards, the position of the Federal Supreme Court on the subject is presented. Lastly, it is asserted in the final considerations that there is no plausible evidence or validation in the Constitution or in any infraconstitutional norm that supports the thesis that the Armed Forces could exercise a supposed “Moderating Power” to arbitrate institutional and political conflicts between the Republic powers.Attribution 3.0 Brazilhttp://creativecommons.org/licenses/by/3.0/br/Poder ModeradorForças armadasConstituição federalbachelorThesisCNPQ::CIENCIAS SOCIAIS APLICADAS