Uma análise das repercussões das propostas de extinção da Justiça Militar da União ou da ampliação de sua competência

Abstract

This paper is the analysis of the proposed extinction of the Military Justice or the expansion of its competence, in order to find out what is most likely at the moment. This study was motivated by the fact that even after more than two centuries-long, it started to occur manifestations raising doubts about the need for its existence, and the National Council of Justice appointed a working group with goal to elaborate a diagnostic about the military justice. On the other hand, there are advocates not only of their maintenance, but as the expansion of its competence, and is pending before the Constitutional Amendment Proposal No. 358 of 2005, which aims to grant the Justice Union military the jurisdictional control over disciplinary punishments applied to members of the Armed Forces. It has been made a deductive approach to achieve the goal proposed here from a general and historical analysis of the performance of the Military Justice, afterward to arrive at their particularities and the rebound of its extinction or expansion of their competence. It was used bibliographical and documentary researches, through all the literature on the topic and methods of historical, statistical and comparative procedure. Finally, it is concluded that the existence of the Justice Union military is indispensable for the govern to maintain control over its agents and ensure continuity of hierarchy and discipline as pillars of the Armed Forces, as well as the expansion of its competence It would be very convenient to relieve the excessive demand of common Justice.