Processo Penal Militar no Brasil

Processo Penal Militar

• This is a subject related to military law in Brazil.
• The presentation covers topics like desertions, insubordination, and the related procedures.

Summary

• The presentation covers distinct processes within military law.
• Key topics discussed include desertions of officers and enlisted personnel.
• It includes the process of insubordination.
• Questions and additional points are also noted for further study.

Process of Desertion

• Article 451 details the procedure for establishing a desertion record.
• Commander or superior authority initiates the process.
• The record must be signed by the commander and two witnesses; it can be printed or typed.

Time Counting

• The count of absence days that can result in a desertion record starts from zero, the day after the unjustified absence.
• There is a 9-day calculation period for the completion of desertion, after the beginning of the absence.

Desertion Special Cases

• Article 451, section 2, details special desertion cases with immediate record making.
• These cases refer to situations where a service member fails to report at departure of a ship or unit.
• No 9-day period applies to special cases of desertions.

Nature of the Desertion Term

• The term of desertion serves as provisional instructions for initiating the legal action.
• The purpose is to formally document the desertion and hold the desertor accountable.
• There is no IPM in this case. The procedures related to the IPM are different.

Desertion of an Officer

• Article 454 describes the process for registering the desertion of an officer.
• The commander, or higher authority, is responsible to make a formal record.
• This record will include details about the officer and relevant circumstances, signed by two appropriate witnesses.

Remission of the Desertion Term for Audit

• Article 454, section 2, details the need for a full record of the desertion, including inventory and supporting documents.
• The documents are required to transmit the official record to the auditor.

Manifestation of the Military Personnel Management

• With reference to Article 454, section 3, the military official shall have the obligation to review the documents and determine the proceeding actions
• The military authority will have the power to either to request further action, archive, or initiate a formal request for accusation proceeding.

Receiving the Accusation by the Auditor

• Article 454, section 4, defines the protocol for the auditor receiving accusations regarding desertion.
• The auditor can decide to search for or wait for the presentation of the accused.
• The military authority will inform the auditor of the presentation/ capture of the accused.

Lottery of Council and Citation of Accused

• Article 455 details how the court assigns a council, and how the accused individual is made aware of the case against them.
• This process also details the formal transcription of accusation against the insubordinate.

Interrogation and Testimony of Accusation

• Once the council is convened, the accused is interrogated, and relevant witnesses are heard according to Article 455, section 1.

Requirements of Defense

• Defense can introduce documents and request testimonies up to three witnesses, with timelines for these introductions and hearings.

Debates, Speeches, and Judgments

• The involved parties and defense will provide oral arguments with specific time limits for each side.
• The council will conduct an official decision after the debates are complete.

Final Sequence of Processes

• The presentation outlines a detailed sequence of actions to be taken for formalizing and concluding desertion matters.
• Critical procedural steps like receiving the formal accusation, court proceedings, citation, and judgment are included.
• Necessary actions include completing the term of desertion, sending it to the audit, and notifying the appropriate authorities.

Desertion of an Enlisted Personnel

• The legal process for desertion involving enlisted military personnel follows similar structural elements as the one of an officer.
• Key aspects, like the record of absence, inventory, and official communication of the desertion, are fundamental steps in the process.

Exclusion of Active Service, Aggregation and Remission

• The status of an enlisted military personnel can change based on whether they are considered stable or not.
• If stable, aggregation is the typical procedure.
• For unstable or other special enlisted personnel, exclusion from active service is typical.
• The procedures outline the documentation and notification of this change in status to appropriate authorities.

Review by Military Personnel Management

• The military official will review the procedures and ensure compliance with all applicable regulations.
• The presentation emphasizes that the process should be performed in accordance with the required timelines and procedures.

Health Inspection for Reinstatement

• A health inspection is mandatory for a service member who is out of service and seeks to be reinstated.
• This inspection determines fitness for duty, and if there are related health issues.

Incapacity

• In cases of permanent incapacity, the proceedings need to be terminated, and documents submitted for record purposes.

Reinstatement or Reversal

• When reinstatement or reversal of a deserteer's status occurs, the military unit is required to quickly provide relevant documentation to the auditor.
• This ensures proper records and compliance with procedure.

Judgment

• Rules and timeframes for judgment are discussed as an essential part of the process.
• The involved parties will present their arguments according to the established time limits.
• The council will make a final decision regarding each specific case.

Summary of Process Steps for Desertion of Personnel

• Presentation outlines and details the step-by-step process of desertions, covering officer and enlisted cases.
• The order and details, including the required documentation, are clearly stated in the presentation.

Summary of Process Steps for Insubordination

• The presentation gives a step-by-step outline for the process, similar to desertion, and the necessary documentation for insubordination cases.
• Procedures, documents, and required timelines are highlighted.

Questioned Points and Commentary

• The presentation addresses queries from relevant legal matters, including details regarding application of legal standards and case specifics.