Expansive Force of Disciplinary Regulations of the Armed Forces

(Im) Possibility of framing civil norms as Disciplinary Transgression

Abstract

The present study aims to analyze the possibility of framing civil norms of Brazilian law as Disciplinary Transgression or Misdemeanor in the Armed Forces, given the existence of a regulatory commandment allowing such expansion, constituting a true Indirect or Extravagant Disciplinary Legislation. The expansive force of article 7, sole paragraph, of the Disciplinary Regulations for the Navy and article 10, sole paragraph, of the Aeronautics Disciplinary Regulation, guarantee breadth of the regulatory norm of those Forces in contrast to article 15 of the Army Disciplinary Regulations, which does not reveal breadth of extramural standards with expansive force. Notwithstanding the non- observance of the legal requirements of procedure required for the application of the civil norms of Brazilian law, they go against the due process of law and the contradictory. The object of this article is the study of the expansive norms contained in the disciplinary regulations of the Armed Forces. A concrete case will also be analyzed in conjunction with the current legal system, in addition to the bibliographic survey and empirical knowledge experienced. In conclusion, it was found that, depending on the Force and conduct, it is perfectly possible to expand the disciplinary role, provided that the transposed norm is applied in accordance with its legal dictates, its regulatory or procedural norms. This study also suggests a reform in the disciplinary regulations edited before Federal Constitution of 1988 in order to make them compatible with the entire national legal system and with the current Constitution.