Lei de Segurança Nacional: história e implicações de um "entulho autoritário" no Estado Democrático de Direito

Abstract

This final paper studies the Law n. º 7.170/1983, known as the National Security Law. To this end, by means of a bibliographic review, it promotes the analysis of all national security legislation in Brazil, highlighting the particularities and the historical circumstances. Then, it investigates the law itself, the central object of this work, highlighting its elaboration process, its legal and anti-democratic aspects, its (in)compatibility with the 1988 Constitution and its inadequate persistence in the Democratic Rule of Law. In the third and last part, the study analyzes the incidence in the contemporary scenario, highlighting cases and particularities, to finally affirm that the law has become, in an unacceptable way, an instrument of judicial intimidation. From this phenomenon, the work promotes three main consequences: the status of transitional justice, the weakening of democracy and the quality of freedom of speech. Finally, the paper discusses the recent repeal of Law n. º 7.170/1983 and comments on the legislation that repealed it and defines crimes against the Democratic Rule of Law: Law n. º 14.19/2021, whose subject is coherent with the established constitutional order.