On September 1, 2026, the Organic Law regulating the complementary and subsidiary support of the Armed Forces to the National Police was published in the Official Registry. This law develops Article 158 of the Constitution and establishes a specific procedure for the intervention of the Armed Forces in support of the National Police in matters of internal security.<\/p>\n\n\n\n
The regulation provides for the creation of a permanent legal mechanism to channel the support of the Armed Forces to the National Police, without such support necessarily having to be articulated through a state of emergency.<\/p>\n\n\n\n
The Law expressly establishes that the participation of the Armed Forces in support of the National Police must be exceptional, complementary, subsidiary, and temporary in nature, without substituting or altering the constitutional and legal powers of the National Police and the Armed Forces. The National Police will retain the primary role in matters of internal security, and the Armed Forces may not activate this mechanism on their own initiative.<\/p>\n\n\n\n
The procedure begins with a reasoned request from the Commanding General of the National Police, who must justify the need for military support and determine, among other aspects, the facts giving rise to it, the territory and period of intervention, the crimes that enable the support, and the reasons why the operational capabilities of the Police are insufficient. Based on the request from the National Police, the Joint Command of the Armed Forces must issue a technical report, which will subsequently be analyzed by the Public and State Security Council.<\/p>\n\n\n\n
Based on this background, the President of the Republic may authorize the support by means of an Executive Decree. The Decree must be duly reasoned and must delimit, among other aspects, the territory, the duration, and the facts or crimes that justify the intervention. The Decree must be notified to the Constitutional Court and the National Assembly within 24 hours following its issuance, for the purposes of the subsequent control provided for by the Law.<\/p>\n\n\n\n
The Law further establishes that the support may be maintained for up to 180 days, with the possibility of a single renewal of up to 30 additional days.<\/p>\n\n\n\n
Finally, the Law contemplates the possibility that the Armed Forces provide support in one or more detention centers, when the circumstances provided for in the regulations are met. In such cases, the objective of the support is to contribute to the restoration of security conditions and to protect the life and integrity of the persons who are present in such facilities.<\/p>\n\n\n\n
\u00a9 TobarZVS\u00a0<\/p>\n
This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.<\/p>\n","protected":false},"excerpt":{"rendered":"
On September 1, 2026, the Organic Law regulating the complementary and subsidiary support of the Armed Forces to the National Police was published in the Official Registry. This law develops Article 158 of the Constitution and establishes a specific procedure for the intervention of the Armed Forces in support of the National Police in matters […]<\/p>\n","protected":false},"author":1,"featured_media":1223,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"iawp_total_views":0,"footnotes":""},"categories":[102],"tags":[30],"class_list":["post-4789","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-constitutional","tag-boletin-en"],"acf":[],"yoast_head":"\n