A Sphinx riddle in military criminal procedural law

the (in)correction of decision which suspend the course of desertion process in face of practice of new desertion and statute of limitation

Abstract

The controversy over the possibility of suspending the criminal process when the defendant returns to renegade condition and its implications on the limitation period in question, especially in military cases without lower stability of 21 (twenty) years upon the consummation of the offense, generates legal uncertainty and undermines the efficiency of criminal prosecution. The so-called “instance crisis” should not be admitted as a routine situation in the military criminal proceedings. The law professionals should reflect on solutions to the problem raised in order to rationalize public resources and ensure that the process achieve its purposes and that defendants in similar situations do not receive unequal treatment. A possible solution proposed is the use of novel Incident Repetitive Claims Resolution (IRDR) provided for in Article 976 of the Brazilian code of civil procedure, 2015.