MILITARY CRIMINAL JURISDICTION IN BRAZIL: CORPORATE JUSTICE OR RELEVANT ORGAN OF THE JUDICIARY?

Abstract

This article aims to analyze the proper adequacy of military criminal jurisdiction to the reality of constitutional principles. It concerns a body of the Judiciary Power, which has the competence to process and judge military crimes, prioritizing the guidelines of hierarchy and discipline, as well as other corollary principles of national jurisdiction. The method used in the research was bibliographic review, based on the following resources: reference works, doctrine, specific legislation, case law from the STF (Supreme Federal Court), STJ (Superior Court of Justice) and STM (Superior Military Court), in addition to opinions from the Public Prosecutor's Office and academic works. The study is dedicated to observing the socio-legal context in which it is inserted, understanding the logic of the military penal system in Brazil and its complex dispute regarding the need and adequacy, notably concerning the possibility of serving as a true exceptional court. It seeks, therefore, to understand whether there are indeed structural challenges: normative, institutional, sociocultural, and political, that run counter to the establishment and respect of such a fundamental human desideratum.