Habeas corpus in the case of disciplinary transgression

Abstract

This research, of exploratory nature and with the aid of bibliographic survey, aims to demonstrate the contours of the applicability of the constitutional action, habeas corpus, in the context of disciplinary transgressions within the scope of the Armed Forces of Brazil, as well as the military police corporations of the states. In order to do so, the general aspects of the habeas corpus were verified, as well as its historical context, allowing a better hermenêutics on the matter. An another point, leaving the doctrinal tangent, the most common currents on the subject were verified, outlining, including the current panoramas, after the enactment of law nº 13.967/2019, which extinguished the possibility of applying custodial sentences within the Auxiliary Forces. Finally, the authors concluded for the restricted applicability of habeas corpus, in cases Where there is a patente illegality in the conduct of the disciplinary administrative process in the application of administrative sanctions.