Military justice articulates PEC to judge civilians and expand their powers – 12/02/2023 – Panel

Members of the Military Justice coordinate with senators a PEC (Proposed Amendment to the Constitution) that includes among its responsibilities the trial of civilians for military crimes, in addition to disciplinary acts and administrative processes currently under the responsibility of the Federal Court.

At the beginning of the week, senator Mecias de Jesus (Republicanos-RR) began collecting signatures to file a text that addresses the topic — at least 27 are needed in the Senate.

The draft project was prepared with technical assistance from the Military Justice and is popular among senators within the Lula government. But it faces resistance from the Judiciary, which fears the emptying of Federal Justice.

The text includes a provision in the Constitution that allows the Military Justice to prosecute and judge civilians in some cases provided for in the Military Penal Code. This possibility is already provided for in the 2018 law, but the idea is to provide more legal certainty by including it in the Constitution.

An example given by the senator is the case of the theft of weapons from a barracks by members of organized crime.

“The crime of invading a barracks by members of organized crime to steal military weapons must be judged with the speed and knowledge characteristic of the Union’s Military Justice”, he writes, justifying the draft.

The idea is also to place administrative issues under the umbrella of the Military Justice, such as entry, retention and termination of the career, transfers and promotions, in addition to disciplinary issues.

These are “actions that directly affect the functions of the Armed Forces, with repercussions on life in the barracks and the principles that govern it.”

According to the text, cases pending in the ordinary Federal Court that have not been the subject of a decision on the merits in the first instance would pass to the jurisdiction of the Military Court immediately after the promulgation of the constitutional amendment.

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