The article analyzes the regulatory legal framework of the relationship between the Armed Forces and Congress, and the role of the Ministry of Defense. This analysis considers the cultural and political factors that make up this framework. The analysis concludes that the authority of the President of the Republic has been, and will continue to be an element of utmost relevance in the conformation of the standards that regulate the relationships of power, affecting the influence and authority of the Congress over the Armed Forces. Nevertheless, the study shows the existence of series of standards that allow for a fluid relationship between the Legislative Branch and the military, at least in terms of establishing information and communication channels for carrying out legislative oversight and investigation. These norms, however, limit the work of Congress in budgetary matters, and in the organization and composition of the military force. Finally, this article proposes to advance toward greater institutionalization of this relationship, strengthening the advisory function of the authorities called to participate in these, as well as creating procedures so that the Ministry of National Defense may participate effectively in this relationship.
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The article discusses the concept of national security and the problems generated by the political tensions between individual security and state security in the contemporary world. Even recognizing that the modern state is simultaneously a source of threats as well as a source of security to individuals, it seems that the very nature of the international system and national societies renders collective security incompatible with individual welfare. This requires us to live as best as we can with the inherent tensions of the concept of national security. To demonstrate that these tensions are real political problems and not just semantics, the article analyses the liberal tendency?based on legal positivism?to legally define situations in which governments could allege reasons of national security, as well as more recent tendencies to substitute the concept of national security with the notion of individual security. In conclusion, I provisionally adopt the perspective of the "theory of security complexes" as an alternative to the authoritarian, liberal and post-modern positions in the analysis of security matters.
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