O dicas nas operações militares: a sistemática de elaboração de regras de engajamento no emprego conjunto das Forças Armadas brasileiras

Abstract

The Brazilian Armed Forces have been required to operate in increasingly humanized operational environments, where their operations need to be much more careful, accurate, efficient and effective in utilizing legal force in all spectrum of operations, under the aegis of International Humanitarian Law or Law of Armed Conflict, International Human Rights Law, taking into account constitutional values and principles and influenced by public opinion. In turn, the Rules of Engagement are the main instrument of the Brazilian State to define the circumstances, conditions, manner and limitations under which force will be employed in order to achieve the political and military objectives set by the responsible authorities. The Armed Forces Joint Staff is responsible for the systematic of elaboration of the Rules of Engagement for the Armed Forces' joint employment, which is contained in publication MD30-M-01 - Joint Operations Doctrine. This paper aimed to reveal if the current systematic of elaboration of Rules of Engagement serves the joint use of the Armed Forces in the whole spectrum of operations. Analytically and comparatively, the work related the Rules of Engagement to Public International Law and identified the basic principles surrounding the formulation of these rules, paying attention to some of their common characteristics, the levels of command involved, their implementation problems, the special types and mechanisms of Rules of Engagement and their drafting tools. It also researched these characteristics in the doctrines of the United States of America, the United Kingdom, the North Atlantic Treaty Organization, the International Institute of Humanitarian Law and the Brazilian Navy to aggregate useful knowledge on this subject. From the analysis of the current systematic of elaboration of the Rules of Engagement of the Brazilian Armed Forces, in face of the knowledge obtained in the research, this paper concluded that this is not consistent in the light of this knowledge, since Brazil does not have a specific and separate doctrine to deal with Rules of Engagement, be it elaboration, dissemination and training. The existing systematic of elaboration is not consistent and is incorporated into the Armed Forces Joint Employment Planning System (SisPECFA), presented in the Joint Operations Doctrine. Thus, the work suggested the development of its own doctrine on the use of the Rules of Engagement for better preparation and employment of the Brazilian Armed Forces