O subsistema penal militar e suas contingências: uma sociologia do crime militar à luz de Niklas Luhmann

Abstract

The object of study of the thesis is the military criminal subsystem. The work is structured on the basis of the sociological language of Niklas Luhmann. The following methodological procedures were carried out: literature review of the author's work; historical survey of the process of institutionalization of military criminal justice organizations; and, jurisprudential research on the electronic websites of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ) on military crime. In summary, it can be said that there are three objectives of the research: to reconstruct a version of Niklas Luhmann's sociology of law; to observe, from it, the differentiation of the military penal subsystem; and, understand how this subsystem processes information and redundancies, in order to highlight its contingencies. The results of the research indicate that, with the appearance and disappearance of different organizations, legal communications were concentrated around a specific distinction (military crime/non-military crime), on the basis of which the subsystem was differentiated. From the collected decisions, it was verified that the decision-making bodies of this subsystem develop their communications through the organization of self-references and heterorreferences to produce information and redundancies. The results indicate that the military criminal subsystem is more restrictive in the human rights interpretations of those accused or convicted of military crime. These restrictions derive from a normative point of view that is formulated in the subsystem itself and entail the denial of criminal benefits to those prosecuted or convicted of military crime and the non-application of constitutional principles to decriminalize certain conduct.