Conditions for Proceeding against the Crime of Desertion

The necessity for standardizing jurisprudence between the Superior Tribunal Militar (Superior Military Tribunal) and the Supremo Tribunal Federal (Supreme Court)

Abstract

With the change in the jurisprudential understanding of the Superior Tribunal Militar (STM) regarding the conditions for proceeding with a Military Penal Action for the crime of desertion, and the divergence with the current standard adopted by the Supreme Court (STF), several actions with the same legal identity have followed different paths. While some actions were terminated, others ran their course. This has resulted in a certain lack of control in the military criminal system. This military system, as we know, needs updating and adaptation to the current legal system. On the other hand, the lack of consistency and fairness in the definitions of the types of criminal desertion and the negative impact on the military environment have made the results of the divergence even more severe, demanding an urgent resolution of the controversy.