A aplicação do instituto da transação penal aos crimes militares impróprios praticados por militares estaduais à luz da Constituição Federal

Abstract

The current period demands from the operator of the law a more constitutional and humanitarian view, which will encourage him to adopt state punitive mechanisms proportional to the illegal conduct practiced and that, above all, there is jurisdictional isonomic treatment to all, indistinctly. The present work aims at the doctrinal and jurisprudential study of the recognition and possibility of applying the criminal transaction in the State Military Justices as a result of the commission of improper military crimes practiced by state military in the light of constitutional principles. To do so, using the deductive, inductive and dialectical methods, the relationship between military and constitutional criminal law, the origins of military criminal law and the Military Justice, the jurisdiction of this special justice, the main distinctions between military crime and the composition of the State and Federal Military Justices. It also addresses the military principles of hierarchy and discipline, as well as the constitutional principles of equality and dignity of the human person, seeking to relate them to Law 9,839 / 99, promulgated with the sole purpose of prohibiting the application of the criminal transaction in the Military Court. Finally, the main positions of the military courts and doctrinaires will be related, which prove to be favorable or not to the theme defended in the present work. In this sense, it is concluded that the criminal transaction present in Law 9,099 / 95 and Federal Constitution, may be applied more widely in the Military Justice, when improper military crimes in particular guarantee the constitutional principles of isonomy and dignity of the human person.