Uma análise da efetivação dos princípios constitucionais do devido processo legal, da ampla defesa e do contraditório no âmbito de aplicação do regulamento disciplinar do exército

Abstract

The Brazilian Army, like the other armed forces, is based on two pillars: the hierarchy and discipline. One of the main tools for this need is the Decree 4.346/02 of the Presidency, which brings the Army´s Disciplinary Regulations (ADR). In this context, there are several principles from the constitution of 1988, which must be obeyed by all the Brazilian legal system, including the ADR. The purpose of this study is to verify the validity of the Army Disciplinary Regulation, in the application of disciplinary punishments. The methodology applied was bibliographic research. This work will approach the effectiveness of these principles, specifically the due process of law, the legal defense and contradictory, in the context of disciplinary sanctions applied to the Brazilian Army military. The result of the research shows that the topic is little addressed by the doctrine and that the jurisprudence is scarce. It is concluded that the referred diploma is a skillful, constitutional instrument and it effectively applies the constitutional principles to disciplinary punishments.