The legal insecurity generated by the diversity of interpretations given by the courts in relation to the jurisdiction of military justice.

An interdisciplinary approach

Abstract

The present essay proposes to present some reflections on the interpretative actions offered by the superior courts of the country regarding the constituent elements of the military penal type, specifically with regard to the 9th art. and its subsections. In this light, we analyze in a pedantic way, the imprecise width of certain expressions and the immanent subjectivities contained in the paragraphs and lines of the afore-mentioned military penal code, as well as the consequences that result from them. The work is based primarily on competence based on matter, whose definition of the limits of judicial activity by the various branches of the court, in principle, are delimited by the Basic Law. For this, we use as a factual reference the recent jurisprudence of STF, STJ and STM and we use as theoretical reference a legal and multidisciplinary approach.