Interruptive and Suspensive Causes of Punitive Prescription in Military Criminal Law

Anticrime Law and Precedents of the Brazilian Supreme Federal Court

Abstract

The purpose of the article is to confirm whether the causes are interruptive and suspensive of the punitive prescription, included recently in the Penal Code and by precedents of the Brazilian Supreme Federal Court that are indicated by military criminal law. The Anticrime Law introduced as suspensive causes of the statute of limitations “as long as not fulfilled or terminated or criminal prosecution agreement” and “pending embargoes of declaration or appeals to the Superior Courts, when inadmissible”. In turn, precedents of the Brazilian Supreme Federal Court cause the interruption of the "publication of a recurring confirmatory judgment, of a condemnatory sentence rendered by judges a quo". Any legislative and jurisprudential alteration revealing interruptive and suspensive causes of punitive prescription, based on the recognition of the commission's power / duty behavior of the jus puniendi is aligned with the punitive legal nature of the prescription for state omission. The innovations must be applied in military criminal law. An antinomy resolution by the specialty criterion proves to be inadequate in view of the finding of an ontological and axiological gap, a vulnerability or fundamental right of the citizen to security and protection of the means and protected way of life, due to insufficient protection. The conclusions of this article make it possible to open the scientific debate on the subject and to advance the application of legal solutions against injustice and impunity in Military Justice.