The jurisdiction of Military Justice in Brazil

Abstract

In the scenario of the Brazilian justice system, the discussion surrounding the Homeland Military Justice emerges as a crucial point, often relegated to silence in our country's debates. Surprisingly, even within the military sphere, the subject remains in a state of relative obscurity, lacking a more profound and scientifically grounded approach. The time has come to align the practiced experience in military life with a thorough theoretical analysis, thus seeking to dissipate the aura of mystery surrounding this topic. In this context, the present study assumes a prominent role by proposing to rigorously analyze the competence of the Union Military Justice in the judgment of civilians in times of peace. With this purpose, the investigation is guided by a question of high relevance: to what extent does the competence of the Union Military Justice to judge civilians in times of peace align with the fundamental precepts established in the Constitution of the Federative Republic of Brazil? By exploring this intricate path, the aim is not only to promote a profound reflection on the subject, but also to contribute to the enrichment of the national legal panorama. The integration of practice and theory emerges as a powerful tool to elucidate the nuances of this competence, facing the challenges that arise and paving a more solid ground for future debate. Therefore, it is under this premise of deepening and clarification that this study proposes to navigate the intricacies of the Union Military Justice, unveiling the foundations that govern it and investigating its consonance with the constitutional principles that govern our nation.