Analysis of the accusatory system in the military criminal procedure code

Abstract

This article seeks to analyze the military criminal procedural structure, verifying its adequacy to the accusatory criminal procedural system implicitly adopted by the Federal Constitution of 1988 and explicitly adopted in Brazilian legislation, despite the strong legal debate surrounding which system is actually applied in practice. Initially, the main criminal procedural systems studied by doctrine will be addressed, along with their characteristics and the differences between them. Then, an analysis will be conducted on the procedural system followed by the Code of Criminal Procedure, in order to subsequently observe the structure of the Military Code of Criminal Procedure and ascertain whether both legislations are in agreement regarding the applied procedural system. Finally, an analysis will be made regarding the differences found and the infringements of the Military Code of Criminal Procedure in relation to the Code of Criminal Procedure, concerning the procedural characteristics encountered. In conclusion, it was determined that the Military Code of Criminal Procedure follows the structure of a mixed procedural system, with strong inquisitorial influence, demonstrating a need for modernization of the MCP. The research method used was dialectical, starting from an initial proposition and testing it through oppositions, thus reaching a conclusion.