Análise da possibilidade de aplicação do instituto da colaboração premiada na justiça militar da união

Abstract

The main objective of this work is to analyze the possibility of applying the plea bargain in the Military Justice, especially the Union, taking into account the following aspects: legislative innovation conferred by Law 13.491/2017, which considerably increased their competence; the principles of hierarchy and discipline; the attribution of investigative and judicial authority to the military; and the legitimacy of the Council of Justice to ratify the agreement. To do so, the research, carried out through a bibliographical and documentary methodology, was divided into three chapters: first, the main points related to collaboration were discussed, mainly taking into account the provisions of the Law of Criminal Organizations (Law 12.850/2013); in the second, in view of being a little known and studied subject, a detailed explanation of that Specialized Justice was carried out, highlighting its main characteristics and idiosyncrasies. Finally, the last chapter presented, in fact, the theme of this study, as it was discussed the feasibility of applying or not the plea bargain in the military, considering the provisions in the previous items. As a result of this evaluation, it was possible to conclude that it is not possible to offer the benefit of the plea bargain to the military of the Armed Forces, under the pretext, above all, that it would undermine the basic principles of hierarchy and discipline, thus tarnishing the image of these institutions.