Competência da justiça militar para julgamento de civis em tempo de paz: (in)constitucionalidade e (in)convencionalidade

Abstract

This monograph addresses the competence of the Military Justice of the Union for the trial of civilians in peacetime. The objective of this study is to answer the question about the compatibility of the competence of the Federal Military Justice to judge civilians in peacetime with the Constitution of the Federative Republic of Brazil and the International Conventions. The adopted methodology included a bibliographic and documentary research, aiming at searching theoretical references. The field of study was limited to the national legal system and jurisprudence, with comparative approaches to foreign systems and international court decisions. It discusses the constitutionality and conventionality control systems, studies the precedents of the Inter-American Court of Human Rights on the subject. Finally, it makes a prospective analysis of the Action for Noncompliance with Fundamental Precept (ADPF) No. 289, pending before the Federal Supreme Court. The main topics are: military crime, constitutional competence and the organization of military justice, comparison with other legal systems, constitutionality and conventionality control systems at the internal and external levels. The conclusion considers the repercussions of the Judgment of the Failure to Comply with Fundamental Precept No. 289 on military institutions.