Dangerous crimes and their species

A critical analysis of the military offense of abandonment of post

Abstract

This article analyzes the military crime of abandonment of post, classified as a crime of abstract danger in the Brazilian Military Penal Code. The research adopts a qualitative approach, using the hypothetical-deductive method, with an emphasis on bibliographic review and documentary analysis. The work discusses the adequacy of the classification of abandonment of post in light of the principle of proportionality and the protection of military legal assets. By exploring divergences in doctrine and protection, the article identifies contexts of disproportionality in the application of penalties. It is concluded that legislative review is necessary to ensure a fairer and more proportional classification, indicating reforms that consider mitigating situations and the need for concrete evidence of risk.