Article 9 (2) of the military criminal code and its constitutionality before law no. 13.491 / 17

Abstract

Military Justice is extremely important for the prosecution and judgment of crimes committed by the military, even if committed against a civilian victim, and even if the crime is typified outside the Military Penal Code. It is the Military Justice that guarantees jurisdictional provision in its sphere of competence. Since it protects the legal assets protected by the military criminal law and controls the actions of the military, respect, discipline and the hierarchy of military institutions. Rights are guaranteed by legal norms that have the structure of rules or principles. These principles guide the legal structure, serve as a basis for the formation of the entire legal system. Military Criminal Law regulates punitive intervention that protects the quality and probity of the services provided by military institutions to society. The Military Penal Code, responsible for enumerating the defining circumstances of military crime, was recently amended by Law No. 13,491, of October 13, 2017. Military crimes are classified as properly military and improperly military crimes. On October 13, 2017, Law 13,491 was published, amending Decree-Law No. 1,001 / 69 - Military Penal Code, in order to, in addition to other measures, expand the competence of the Military Justice. Law 13.491, of October 13, 2017, brought a significant extension to the criminal jurisdiction of the state Military Justice with the alteration of the wording of item II of art. 9 of the Military Penal Code. The research method adopted was hypothetical-deductive and the type of research presented was bibliographic.