domingo, 20 de junio de 2010
EJERCITO
The Sectorial Program of National Defense 2007-2012 (PSDN), though it was sent by the holder of the federal Executive by the name of "decree" by foundation in the fraction I of the constitutional article 89, assembles actually from the material point of view, the own characteristics of a regulation, since it does not limit itself to establishing an individual norm on a species especially of the public administration, since it is own of the administrative decree, but it establishes general procedure - on the defense - of obligatory observance for several entities of the central and semistate administration; this is, assembles the characteristics of generality, impersonality and abstraction that are own of a regulation.
Though the promulgation of the regulations is based on 89 constitutional, as exclusive faculty of the president of the Republic, it does not exempt that the regulations should be limited to the mandate of the Constitution.
If the unilateral decision of the Executive, in his quality of supreme control, consists of extracting to the armed forces (FA) of his barracks for the fight against the drug trafficking, that is to say, of militarizing the structures of justice and public safety without the counterweight - consented - of Legislatively and Judicially, trastoca several constitutional rules.
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