A justiça militar da união e o princípio da eficiência

Abstract

At the Military Justice have jurisdiction over military crimes in peacetime or in wartime defined in the Military Penal Code following the procedure provided for in the Criminal Procedure Code of Military. Both are part of the Military Penal Law and Procedural Law and Military are branches of criminal sciences, which are guided by the fundamental principles of law. There is no provision in the Military Penal Law and not to admit the so-called open type, much less criminal types blank. The Military Justice processes and judge the military of the Armed Forces and civilians in military crimes defined by law, condemning them or acquitting them, according to the evidence produced in the records, the Military Prosecutor's Office and the Defense Attorney. The Justice Union military is an integral body of the Judiciary and respects the fundamentals of the Federative Republic of Brazil, of which the citizenship, the dignity of the human person, but also observe faithfully the principle of prevalence of human rights, Since he, among others, rules in international relations, the Federative Republic of Brazil, as set forth in item II of art. 4 of the current Constitution. The Justice Union military has the jurisdictional military. In the military mission are inserted own legal activities, including the defense of the country against the enemy, the guarantee of the constitutional powers and at the initiative of any of these, of law and order, as prescribes the art. 142 of the Constitution to deal with the armed forces. In the exercise of its functions, the military may eventually commit excesses, entailing violations of human rights or humanitarian law, which would require the intervention of the military justice system to restore the right offended by the military. Fundamental human rights, which belong to citizens, are respected by the Military Justice, and made to respect, from its jurisdictional, which are the armed forces personnel. The armed forces are making every effort to ensure that his subordinates act within the principles protected by the human and humanitarian rights, and it performs from capacity building through training courses to perfecting them over the entire military career as well as have standards of action and legal conduct obeying the rules of law. The Union of Military Justice participates in the internal protection of human rights when does the processing and judgment of individuals with regard to the crimes defined in the law, while respecting due process, that is, the competence, the impartial judgment and natural and as the wide defense and the contradictory, according to the democratic adversarial system. The Military Penal Law [Internal] is an instrument of protection of human rights, by defining criminal offenses and sanctions.