ALÉM DA (IN)CONSTITUCIONALIDADE DA APLICAÇÃO DO RDE NOS CASOS DE TRANSGRESSÕES DAS FORÇAS ARMADAS À LUZ DA CONSTITUIÇÃO FEDERAL DE 1988

Resumo

This article aims to study the (un)constitutionality of the application of the Army Disciplinary Regulation (RDE) in cases of transgressions of the Armed Forces, in the light of the Federal Constitution of 1988. The main objective is to analyze the compatibility of the RDE with the fundamental principles and guarantees established by the Constitution. The methodology adopted consists in a bibliographic research, with the analysis of secondary sources, such as books, articles, periodicals and legislation. Doctrinal positions and jurisprudence of the higher courts were also consulted to map the interpretation and application of constitutional principles in the context of military disciplinary proceedings. After the bibliographic review and analysis of the materials consulted, it was concluded that it is necessary to reconcile the military disciplinary rules with the constitutional principles, ensuring the individual rights and guarantees of the professionals of the Armed Forces. The RDE must be interpreted and applied in a way that respects the principles of due process, adversarial and full defense. This research contributes to evaluate the adequacy of the RDE to the constitutional precepts and points out the importance of establishing clearer legal parameters in relation to the military disciplinary trials. In this way, it seeks to ensure the protection of the fundamental rights of the military, without compromising the need for discipline and hierarchy in the Armed Forces.