The “Nature of the Military Penal Process” and its Necessary Encounter with the Constitutional Principles of Hierarchy and Discipline.

Abstract

The purpose of this chapter is to analyze the provisions of art. 3rd, item “a”, of the Military Criminal Procedure Code, in view of the dimension to be proposed on the breadth and profusion of the constitutional principles of military hierarchy and discipline. The study is based on a provocation launched by the Prosecutor and Jurist Adriano Alves-Marreiros, in his Master's dissertation, published in book format entitled “Hierarchy and Discipline are constitutional guarantees. Fundamentals for the differentiation of Military Law”.