(IN)CONSTITUCIONALIDADE DO REGULAMENTO DISCIPLINAR DA POLÍCIA MILITAR DO ESPÍRITO SANTO

Abstract

The present work aims to answer the following question: Does the Military Disciplinary Regulation of the Military Police of the State of Espírito Santo violate the constitutional principles? The article analyzes constitutional guarantees and rights, directly conflicting with constitutional principles that are violated by regulatory decree No. 254-R by creating duties and sanctions in its text without having this competence. Using majority doctrine and analysis of judgments to establish the function of the constitutional principles of legality, legal reserve and freedom in a counterpoint with Regulatory Decree 254-R clearly demonstrating the unconstitutionality in the way of establishing the decree issued by the head of the state executive branch.