Controle jurisdicional das puniÃÃes disciplinares restritivas de liberdade nas forÃas armadas brasileiras

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

This work has its focus on the assurance of jurisdictional control over disciplinary punishment within Brazilian Armed Forces by habeas corpus and security mandate.Despite the apparent restriction stated in paragraph 2, article 142, of the Federal Constitution of 1988: âThere will not be habeas corpus against disciplinary punishment in the militaryâ; what is in question is na sistematic interpretation of item LXVIII, article 5: âHabeas corpus will be granted whenever someone suffers or is threatened with suffering violence or coercion in his/hers freedom of movement, by illegality or abuse of powerâ; associated to the principle of broad judicial access, the freedom of a citizen, under the military system, can be protected by this constitutional writ, as well as, in the case of its rejection, by security madate. Initially, the research adopts a characterization of the Democratic Estate inaugurated by the current Federal Constitution and the constitucionalization on the fundamental rights; it goes on identifying the regime and peculiarities of military administration; it points out the need for change in the disciplinary regulations of the Armed Forces, which are in disarray with the present constitutional order; it concentrates on the study of the jurisdictional management of military punishments and concludes by the appropriateness of habeas corpus and security mandate as efficient instruments of its

ASSUNTO(S)

habeas corpus armed forces direito forÃas armadas habeas corpus puniÃÃo disciplinar mandado de seguranÃa discipline punismment

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