O habeas corpus e as punições disciplinares militares nas forças armadas

Abstract

This monograph, constructed from literature and case law, aims to study the habeas corpus and military disciplinary punishments. Discuss the controversial constitutional prohibition of non appropriateness of habeas corpus in relation to disciplinary punishments. Starts the concept, preliminary and doctrinal considerations of habeas corpus. Then check the application of the American Convention on Human Rights in Administrative Law Military. Elects constitutional principles applicable to administrative proceedings Punitive Discipline. Analyzes the Status of Military Armed Forces and the peculiarities of this State career. Investigates the types of disciplinary punishments undergoing the armed forces personnel. Addresses the issue of controls on the Administrative Procedure Military Discipline. Cites as examples of internal control: the inquest, the request for reconsideration and appeal of disciplinary action. Gets to the heart of the discussion when dealing with external control, which shows that in a democratic state, especially the administration castrense any, violation of the right to come and go by illegality or abuse of power will be subject to the control of the judiciary, which will fit the heroic remedy of habeas corpus in military disciplinary punishments. Concludes that the constitutional prohibition that will fit in habeas corpus in relation to military disciplinary punishments, is not absolute, it is complex issue deserves careful attention academia, scholars, jurists and the judiciary may patriotic measure, legally, some standards of the administrative disciplinary action, as well as ensuring the preservation and enforcement of fundamental rights and guarantees provided to all Brazilian citizens be they civilian or military.