A critical analysis of jurisdictional control over disciplinary power in the federal military sphere

Abstract

The main objective of this research is to present and discuss aspects of the jurisdiction of the Military Justice of the Union (JMU) and how the changes, when proposed constitutional amendment number 358/05 is approved, will influence its jurisdiction, mainly regarding the jurisdictional control of military administrative disciplinary actions. Before, however, there was an evaluation of the specialized branch of Military Law, Military Disciplinary Law, as well as of the draft constitutional amendment number 358/05 and the discussion of these is the main object. The subject discussed should be the expansion of the JMU’s jurisdiction, which encompasses the administrative disciplinary acts subject to judicial control. Understanding how to adapt to a new environment and how to implement the jurisdictional control of disciplinary punishments for members of the Armed Forces is the mission of this work. This work not only aims to convey the importance of the expansion of the JMU’s jurisdiction, but also the important role of this branch of the Judiciary. The methodology used was bibliographic research techniques based on the study of doctrinal books, articles, scientific journals, available legislation and recent jurisprudence. Data collection was based on a cross-section of virtual and physical library collections from institutions that provide material for research (Superior Military Court, Military Prosecutors, Military Court of Justice of Minas Gerais, among others).