State of Defense consists of a constitutional measure that suspends, temporarily, some individual rights of citizens. This action aims to preserve or restore social peace and public order, especially in places that suffer from institutional instabilities, major calamities or situations of war, for example.
The State of Defense can only be applied when this decision is decreed by the President of the Republic in exercise, and this action is normally indicated by the Council of the Republic and the Defense Council National.
The conditions that define the State of Defense in Brazil are provided for in the article 136 of the Federal Constitution of 1988:
Art. 136. The President of the Republic may, after hearing the Council of the Republic and the National Defense Council, decree a state of defense to preserve or promptly re-establish, in places restricted and determined, public order or social peace threatened by serious and imminent institutional instability or affected by major calamities in the nature.
As provided for in the law, the restrictions that act as consequences of the State of Defense are: the loss of the right to confidentiality of correspondence; restriction of the right to be able to gather in groups, even within associations; and the loss of telephone confidentiality.
The place where the State of Defense will be applied is defined by the President of the Republic, as well as its duration. However, as described in article 136 of the CF, the duration of the State of Defense cannot exceed 30 days. This period can be extended (only once) for an equal number of days, as long as there are concrete justifications for such decision.
The State of Defense is considered a exception state, that is, a condition opposed to the rule of law, and which must be temporary.
See also:meaning of the rule of law it's the meaning of the state of exception.
State of Defense and State of Siege
Like the State of Defense, the State of Siege is also a state of exception and its execution depends on a decree from the President of the Republic.
However, while the objective of the State of Defense is to guarantee the restoration or preservation of order and social peace, the State of Siege seeks to restoration of constitutional normality, shaken by some serious crisis (wars, for example).
In short, the State of Siege is applied when the State of Defense has not solved the problems, or when the nation has a high level of instability.
Unlike the State of Defense, the State of Siege usually covers the entire national territory, when established.
Another difference between the State of Defense and the State of Siege is that the latter cannot be extended after the expiration of the 30-day term.
Learn more about meaning of State of Siege.