O recurso hierárquico na Guarda Nacional Republicana: entre o necessário e a inconstitucionalidade

For several decades, the Military Discipline Regulations were applicable to elements of the Republican National Guard, which expressed a clear subordination of the police characteristics of this security force, to the military condition inherited from the Army. This scenario underwent significant changes in 1999, when the Discipline Regulation of the Republican National Guard was approved, which, today, in article 124, maintained the hierarchical appeal as necessary and without suspensive effects. However, this legislative solution was challenged several times, including in the Constitutional Court, and ended up being in force without undergoing any changes, for approximately 15 years, until between 2014 and 2015, a large part of the applicable legal framework benefited from the understanding that had been coming for several years being defended by a large part of administrative activists, namely questioning the legality of the necessary hierarchical appeal as obstacles to the fundamental right of access to judicial access. Among the amended legal diplomas is precisely the Discipline Regulations of the National Republican Guard, which, it seems, in certain situations, will not have completely eliminated this necessary nature of hierarchical resources. Therefore, given the difficulty in combining the nature of this challenge with constitutional principles, the objective of this work is to clarify it objectively.