Case Study: The Private Military Industry

1. Private military companies have been a major issue regarding the law enforcement of various countries.They, (PMC) have been reported to threaten national integrity and sovereignty by taking control or overseeing the governmental armed forces.

2. The privatized military industry has augmented control and authority nowadays and it is believed that the PMC’S are operated in every single continent except Antarctica. The United Nations Mercenary Convention has prohibited the hiring of mercenaries which has been described to be a part of the Private Military Industry.

3. The services and expertise offered by PMCs are typically similar to those of security provided by the government such as the military or police forces, but most often on a smaller

Pursuant to the Brazilian Constitution of 1988, promoting public security is a duty of the state. Security is a public service to be supplied by the several police forces of which the establishment is provided by the Constitution. Nonetheless, by the virtue of the endemic problems with urban violence and criminal activity Brazil faces, there are a large number or there is a wide market for PMC’s in the country. The government agency news reported in 2008 that the number of private military guards had increased by 5% in the last 2 years.

5. Brazil is strict at hiring the Private military guards and companies and two principal statues govern their activities; law 7,102 and law 10,826. In Brazil, pursuant to article 10 of law 7,102, private security encompasses;

a) security of the property of financial institutions and other private or public establishments;

b) security of individuals;

c) Security in the transportation of currency and securities, as well as in the transportation of any other type of

The Brazilian government entrusts the federal police with the competence to authorize the acquisition of the arms and ammunition by PMCs, to supervise and control their use, and to regulate the number and type of the arms PMCs may own. In order to carry the firearms the Private Military Companies must meet selective requirements enlisted by the Brazilian government.

10. There are no laws or administrative regulations governing the activity of PMCs in Brazil and there is no legal prohibition on the hiring of the private military services by the Brazilian government but there are no PMC’s incorporated or based in Brazil.

11. Nowadays, a likely and stronger interest in Private Military Companies are likely to arise as the Brazilian citizens have been frequently recruited by PMC’s to take part in armed conflict. The arising problems based on the hiring or recruitment of mercenaries by the PMC’s; especially in Iraq has attracted the interest of the Brazilian Agency of Intelligence as well.

12. There is no reference in Brazilian legislation to the crime of recruiting, using ortraining mercenaries. Brazil has neither signed nor ratified the International Conventionagainst the recruitment, use, financing and training of Mercenaries of 1989, and doesnot otherwise criminalize the relevant conduct in its Penal and Military Criminal