Abstract

OTERO VARELA, Juan Manuel. The Transfer of Powers to the Secretary of National Defense for the Operational and Administrative Control of the National Guard. An Analysis from the Constitutional Design of the Civil Character of the Institution. Cuest. Const. [online]. 2023, n.48, pp.497-519.  Epub Jan 12, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.48.18055.

In the constitutional reform of March 2019, the National Guard was transformed into a federal public security institution, of a civil nature, hierarchically attached to the direction and command of the Ministry of Public Security and Citizen Protection, however, in September 2022, a package of legal reforms was published, by which the operational and administrative control of the National Guard is transferred to the Secretary of National Defense, disturbing the structural model of civil command designed in the constitutional text, due to an excess of control institution by the armed forces.

Keywords : National Guard; public security; constitutional reform; transfer of powers; public security institution.

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