Legal regime of unpaid reserve officers

rights and duties arising from the letter patent

Abstract

An issue that always raises exciting discussions is the legal status of unpaid reserve officers (R/2 officers) in the Armed Forces. Thus, doubts arise, such as: “Are they only civilians with an honorary title (Letter Patent)?”, “Do they have the right to participate in the Special Council of Justice?”, “Can they be submitted to the Court of Honor?”, among others. Thus, the objective of this article is to generate a dialogue between the law, doctrine and jurisprudence, in order to establish the rights and duties of these soldiers and, therefore, to establish some important understandings on the subject. The methodology used was the bibliographic research allied to the descriptive research. In conclusion, based on an analysis of the Law, doctrine and jurisprudence, we can conclude that there is a specific legal regime applicable to these military personnel, which aims to ensure the constitutional principle of full patents for unpaid reserve officers, such as applied to paid reserve officers and retired.