The application of the repetitive demands resolution incident in the military criminal procedure

Abstract

This monograph aims to verify, from a theoretical and practical point of view, the existence of the possibility of applying the Repetitive Demands Resolution Incident in military criminal actions, due to the importance of interdisciplinarity between the rules of the Brazilian legal system. To this end, the research begins by discussing the main aspects of the Repetitive Demand Resolution Incident. Then, seeking to outline the theoretical assumption, an analysis of the analogy is undertaken as a way of applying the incident within the scope of the Military Criminal Procedure. Subsequently, it will verify the presence of the practical assumption of such application, that is, if the current panorama of the number of cases in progress in the Military Justice justifies the application of the procedural technique in this scope. Finally, the research will demonstrate the relevance of the application of the incident in the Military Criminal Procedure, especially with regard to the principles of equality, legal certainty and speed in judging judicial demands based on two specific cases: the first referring to Military Justice of the Union and the last referring to the State Military Justice. As a means of action and to support this study, deductive and qualitative methods and forms of exploratory and bibliographic research are adopted.