A Justiça Militar da União e sua (in)competência para o julgamento dos crimes dolosos contra a vida de civis

Abstract

With the emergence of the standing armies there was a need to establish rules that regulate relations arising therefrom. This is the context that originated the Military Penal Law that, in Brazil, has direct relationship with one of the organs of the judiciary. In 1808, when the arrival of the Portuguese Royal Family, was created the Supreme Military Council and Justice, an organ of the Brazilian Judiciary oldest and embryo the Superior Military Court, superior court of the Union of Military Justice. This is a specialized justice, whose goal is to protect the hierarchy and discipline, constitutional principles on which are based the Armed Forces. The competence of the Military Justice includes the trial of military offenses specified by law, as determined by the Federal Constitution. Thus, all those offenses set forth in the Military Penal Code should be tried, at first, by this judicial body, provided that filled the requirements of Articles 9. º and 10 of this codex. However, with the change of this device and later to Constitutional Amendment 45, the jurisdiction of the Military Justice to prosecute crimes against civilian lives began to be questioned. This work could talk, first, about the Military Penal Law and on Military Justice. Secondly, the approach fell on the competence of the Military Justice to at the end, and the light of the doctrine of precedents to show that there is still much controversy about the possibility of this judicial body still judge the crimes against life civilians.