Protected legal good and passive subjection in extravagant military crimes of abuse of authority

Abstract

The present article deepens the study on the legal assets protected by the new Law of Abuse of Authority. We begin with the position of the majority doctrine, which places the natural person or the legal person as immediate passive subjects of these crimes and, consequently, the Public Administration (State) as the mediate passive subject. Based on this analysis, we proposed a new perspective on the subject, placing Public Administration as an immediate passive subject and, in the hypotheses of extravagant military crimes of abuse of authority, the military administrative order as well. As a practical effect, such a position broadens the possibility of subsumption of facts that cause the crime of abuse of authority practiced by federal and state military officers on active duty, to be considered extravagant military crimes and, therefore, within the purview of federal and state military justice, respectively.