A ampliação da competência da justiça militar: a lei nº 13.491/17 e seus reflexos penais e processuais penais militares e os desafios na atuação do escabinato das espadas, estrelas e togas a serviço de Diké

Abstract

In 2017, Law No. 13,491 / 17 came to the Brazilian legal system, which came to broaden the list of military crimes, as well as broaden the competence of the Military Justice of the Union, the states and the Federal District. A small norm of only three articles that had the power to affect a whole branch of law, in this case, Criminal Law and Military Criminal Procedure. Over the past two years, debates in the legal world have been raging and have dealt with the hottest topics related to new legislation. From the possibility of its unconstitutionality, where much has been argued during its discussion and vote in the National Congress on the fact that the coming legislation violates norms of international law ratified by the Federative Republic of Brazil, until the applicability of institutes of criminal law and criminal procedure in the ongoing actions in the scope of the Military Justice of the Union and the states and the Federal District, passing through the material and formal aspects of its hybrid nature or not. Also discussed are issues related to the new conceptualization of the so-called “new military crimes” by the Doctrine. Displacement of competence to prosecute and prosecute malicious crimes committed by military personnel in certain situations of military activity. The present study aims to present to the dear reader the new legislation and the criminal procedural and criminal aspects that already affect the performance of the scabinate, whether at federal, state or district level.All of these themes are addressed in the present study. The methodology used was the bibliographical analysis of the most varied aspects inherent to the advent of Law 13.491 / 17 and its consequences.