Disciplinary regulations of the armed forces

imprescindibility of technical defense in the investigation of transgressions

Abstract

The democratic state of law requires submission to legality from everyone. The federal and state military – as well as the institutions to which they are inserted –, although more rigor is required in the activity and in the investigation of facts contrary to discipline and hierarchy, they are not outside legality, general principles of law and, above all, constitutional norms. The Disciplinary Law is a space occupied by the faithful observance of the law. The interpretation of precedents by the Public Administration and, in particular, by the Military, without any filter, has led to decisions that suffer from legality, withholding rights and, in this way, making victims in addition to equipping the unwary to, under the most diverse pretexts, request the extinction of the military, a fact that cannot be admitted. Demanding that these institutions respect the rules and, above all, the presence of a technical defender in Disciplinary Processes is a measure of justice: necessary, urgent and that, in one way or another, can prevent commanders and military leaders from institutions, are unfoundedly accused of violating human rights.