The application of the criminal transaction in the state military justice in accordance with art. 90-A of Law 9099/95

Abstract

The present work aims to analyze the applicability of the criminal transaction institute, provided for in the Special Courts Law (9099/95), in state military crimes, especially in improper military crimes. Law 9099/95 created decriminalizing measures in cases of crimes of lesser offensive potential, not excluding the application of institutes in the military sphere. Later, in 1999, this non-application was included, but without making specific mention of State military personnel. As early as 1996, the summary 9 of the STM specifies this non-application to the Federal Military Justice. However, there is a vast legal discussion on the subject due to several variables, such as legislative outdatedness and the difficulty in applying Military Criminal Law, a very specific subject. The research methodology used was qualitative, which demonstrated several doctrinal and jurisprudential aspects on the subject. Finally, it was possible to consider that the application of Law 9099/95 is fully applicable in improper state military crimes and its prohibition violates constitutional principles.