MIXED JUDICIAL COMPETITION IN THE STATE MILITARY JUSTICE SYSTEM OF RONDÔNIA: IMPACTS ON THE FORMATION OF JUDICIAL CONVICTION, IMPARTIALITY, AND GUARANTEE OF DUE PROCESS

Abstract

This paper will address the mixed collegiate system in the State Military Justice of Rondônia, which is a system of mixed collegiate judgment composed of a career civilian judge (lawyer) and active-duty military officers. This structure seeks to combine technical-legal knowledge with the experience of military life (discipline and hierarchy), ensuring that military personnel are judged by their peers. The research stems from the following problem: to verify whether the mixed collegiate system model embodies the principles of the natural judge, impartiality, and the justification of decisions. Its general objective is to analyze how the military mixed collegiate system operates in the State Military Justice of Rondônia, especially in judicial persuasion and the judgment of military crimes. The specific objectives are to define the military mixed collegiate system, analyze its historical origin and legal regime in the Federal Military Justice and in the State Military Justice systems, as well as examine the role of military judges and the lawyer judge in the mixed collegiate system, highlighting its composition, attributions, and criteria for participation in judgments. Regarding the methodology, the deductive and explanatory method was used, with theoretical and jurisprudential foundations found in bibliographic research, doctrines, scientific articles, judicial court websites, and internet data.