(In)aplicabilidade do novo art. 75 do Código Penal comum ao Direito Penal Militar e a desproporcionalidade dos dispositivos de aplicação da pena no Código Penal castrense

Abstract

This reasoning takes advantage of the opportunity of Law No. 13.964/2019, known as the “Anticrime Package”, to shed some light over the rules of application and enforcement of sentences in military criminal law. After the new Law, art. 75 of the Penal Code has been amended, raising the maximum penalty limit to 40 years. This paper brings up the issue of whether this amendment influences military criminal law, which imposes the need to analyze not only the specific provision of military criminal law on the subject, but also others on the application and unification of the penalty, compared with the principle of proportionality. Finally, it is concluded that the provisions on application and unification were received in part by the Federal Constitution of 1988 and that the amendment of art. 75 of the Penal Code did not change the limits of compliance with the military penal code, although it serves as a parameter for future changes to the military justice.