The competence for the trial of ex-military personnel, within the scope of the Union Military Justice, after the entry into force of Law nº. 13.774/18.

Abstract

Law nº 13.774/18, by inserting item I-B into article 30 of Law nº 8.457/92, established the monocratic jurisdiction of the Federal Judge of Military Justice for the trial of civilians who commit military crimes. This legislative innovation helped to resolve the old debate that existed on the constitutionality of the submission of civilians to the Military Justice in peacetime. However, after that law came into force, a new focus of discussion arose, related to the competence for the prosecution and trial of former military personnel. In this scenario, the present work aims to address the issue through the analysis of doctrinal arguments and jurisprudential understandings. To this end, a brief examination of important institutes directly involved in the matter, such as the principle of the natural judge and the scabbinate, was carried out. The fundamental reasons for the creation of the new jurisdiction and the relevance of the condition that the agent had at the time of the criminal practice for the definition of the competent judging body were explained. Finally, the jurisprudential panorama was presented on the issue and the current peaceful understanding within the Superior Military Court.