A efetividade do controle externo da atividade de inteligência no Brasil

Abstract

This paper aims to analyze the effectiveness of external control of intelligence activities in Brazil, which is legally the responsibility of the Legislative Branch. The country's intelligence service is made up of a central agency and several others, present in all spheres of government, which together form the Brazilian Intelligence System. The analysis begins with a legal dispute between the Federal Public Prosecutor's Office and the Federal Police. The Federal Public Prosecutor's Office is demanding access to the Federal Police's Intelligence Reports, understanding that access to these documents is guaranteed due to its constitutional duty to perform external control of police activities. The Federal Police, in turn, counters by claiming that the Intelligence Reports are not included in this prerogative of the Federal Public Prosecutor's Office, precisely because they are intelligence-related, thus leaving the jurisdiction of the Federal Public Prosecutor's Office and becoming part of the scope of action of the intelligence service's control body, in this case the National Congress. Based on the court decisions on this issue, an analysis is made of the implications that any prevailing understanding will have for the performance of control of intelligence activities. Furthermore, the study seeks to assess the effectiveness of external control of this service through the productivity of the responsible body, and proposes adjustments to further improve the process. During the study, important concepts are defined for understanding everything that involves the intelligence service: historical, methodological, legal, sociological, political aspects, etc. It also addresses success stories from other countries that can be applied to the Brazilian case, as well as Brazilian episodes involving intelligence that became real crises for the State.