ANALYSIS OF LAW Nº 9.883 / 99 AS A LEGAL FRAMEWORK FOR THE STATE INTELLIGENCE ACTIVITY IN BRAZIL

Abstract

The use of intelligence is a resource that assists the decision-making process at the strategic level, as well as an important tool in facing new threats, including terrorism, organized crime and cyber attacks. As it is a role of the State, in democratic regimes, the regulation of intelligence activity is based on a set of specific legal norms. In Brazil, Law No. 9,883, of December 7, 1999, is the legal framework for this activity, the provisions of which were analyzed, especially to assess the legal support necessary for its development, as well as the need to offer a set of functional guarantees to its operators in the performance of their duties inside and outside national territory. Despite its positive aspects, such as the creation of the Brazilian Intelligence Agency and the systemic performance that involves the participation of various public agencies, inaccurate and vague points were identified in the support of search actions, often complementary and essential to the process of knowledge formation. Thus, more than twenty years after its edition and in a process of continuous improvement, it is necessary to improve this legislation to guide the Brazilian intelligence activity in the face of new challenges in the current world scenario.