Elite Tropa film and Military Criminal Law

The (in)admissibility of the Consent of the Offended

Abstract

Military Law is a branch of Legal Science often relegated in discussions within universities, even having a Discipline focused on its study. Thus, this work aims to emphasize military legal research, seeking to raise issues that are rarely debated and still remain controversial as to its applicability in the face of the specificities in which military law is involved. The Film Tropa de Elite, directed by José Padilha, shows several assaults carried out by the instructors to students who were willing to take the Special Operations Course. From the fact demonstrated in this cinematographic work, we can raise some legal questions, trying to observe whether these aggressions, if perpetrated in the world of facts, would find sufficient legal support to recognize any of the excluding causes of illegality. Thus, the present study sought, through bibliographical research (such as books, current legislation and news reports) to verify if the context portrayed in the film is experienced in military training conducted in Brazil. At the end, in view of the material verified, the research ended up concluding that the application of the institute of the consent of the offended in the courses carried out in the military forces, considering that, during the training of the troops, it is not possible to speak of the dissociation of training and hierarchy and discipline, which are basic requirements of the barracks, which makes a direct offense to the military institution.