Draft:Brazilian National Security Law

The National Security Law is a legal document that countries establish to regulate rules related to national security, order and against social disturbances in their territories.

Functions of national security laws
National security laws include provisions to combat terrorism, guarantee public order, safety and tranquility, protect individuals and property, guard against separatist groups and their internal & external supporters, including their respective sponsors, prevent and combat criminality, and contribute to ensuring the normal functioning of democratic institutions, the regular exercise of rights and the adequate observance of the fundamental duties, freedoms and guarantees of citizens, respecting democratic legality.

In Brazil
The National Security Law of Brazil is a law that aims to ensure the national security of the State against the subversion of law and order, the territorial integrity of the federation, and against national sovereignty. In Brazil, the legislation concerning the National Security Law (LSN, in Portuguese, Lei de Segurança Nacional) is Law No. 14,197, dated September 1, 2021, which added Title XII to the Special Part of Decree-Law No. 2,848, dated December 7, 1940 (Penal Code), concerning crimes against the Democratic Rule of Law. Brazil also has legislation against crimes against social order and the State provided by the wording of Law 1,802, dated January 5, 1953.

Since 1935, Brazil has had several national security laws.


 * Law No. 7,170, dated December 14, 1983, which defined crimes against national security, political and social order, as well as their process of trial.


 * Law No. 38, dated April 4, 1935.  was subsequently reinforced by Law No. 136, dated December 14 of the same year, by Decree-Law 431, dated May 18, 1938 and by Decree-Law 4,766, dated October 1, 1942, which defined military crimes and crimes against the security of the State.
 * Law No. 1,802, dated January 5, 1953.
 * Decree-Law 314, dated March 13, 1967. transformed the National Security Doctrine into legislation, which had become the foundation of the State after the military took over the government in 1964.
 * Decree-Law 898, dated September 29, 1969.  This National Security Law was the one that remained in force for the longest period during the military dictatorship.

During the military dictatorship, the first two versions of the National Security Law (those of 1967 and 1969) implemented, according to legal experts, the National Security Doctrine influenced by the Cold War. There was a pronounced concern to protect the State against an 'internal enemy'—in the case of Brazil, at that time, individuals committed to subverting the order, the prevailing regime, or the rule of law.

The main planners of this doctrine are highlighted as General Pedro Aurélio de Góis Monteiro, who formulated it when he was Minister of War in 1934, and General Golbery do Couto e Silva, the main ideologue of the political-military movement of 1964, although he did not agree with the hardline group of the Brazilian Army. After the end of World War II, Brazilian military personnel at the time were influenced by an ideological concept of 'national defense', through courses from American military institutions. This new conception within the Brazilian Armed Forces culminated in the creation of the Superior War School in Brazil, structured similarly to the American National War College. Such institutions were imposed by the United States of America in agreement with the armed forces of many countries in Latin America, within the context of the Cold War in the 20th century.


 * Law No. 6,620, dated December 17, 1978.  The 1978 Law was technically more legally lenient than the previous ones.
 * Law No. 7,170, dated December 14, 1983.  It was promulgated during the presidency of João Figueiredo and remained in force until 2021.

In Portugal
In Portugal, the prevailing law comes from infraconstitutional positivation, specifically Law No. 31-A, dated July 7, 2009. Its objectives include guaranteeing the sovereignty of the State, national independence, and the territorial integrity of Portugal, as well as ensuring the freedom and security of the population and the protection of fundamental values ​​of the constitutional order against any external aggression or threat. It ensures compliance with the State's international commitments in the military domain, alligned with national interests. This law is complemented by the Internal Security Law, which aims at internal security to eradicate disturbances against political and social order throughout the jurisdictional space subject to Portuguese State powers. It is intended, in particular, to protect the life and integrity of individuals, public peace, and the democratic order, notably against terrorism, violent or highly organized crime, sabotage, and espionage. It also aims to prevent and respond to serious accidents or disasters, defend the environment, and preserve public health. In the United States, the country's Congress created the National Security Act of 1947, a law aimed at promoting national security, which envisioned a Secretary of Defense; the establishment of a national military organization; the establishment of a Department of the Army, a Department of the Navy, and a Department of the Air Force; and the coordination of activities of the National Military Establishment with other departments and agencies of the Government involved in national security. The Patriot Act is one example of the U.S. National Security Law.