Forças Armadas na CRFB/88

função militar, hierarquia e disciplina e especificidades do regime jurídico militar

Abstract

The purpose of this Article is to bring to the fore constitutional aspects regarding the Armed Forces and its members, for a better understanding of the role of these institutions in a democratic State of law, as well as understanding of the particularities and specificities that govern life in the barracks. In both cases, the first will be analyzed what the Federal Constitution had about the military institutions, their mission and current developments. Next, it is necessary to stress the basic principles that the Federal Constitution attaches to such institutions and understand its importance and foundations, as well as its limits and weights. Finally, and of utmost importance, the constitutional traits regarding the rights and guarantees of the individual in the military. The legal arrangements, other than the common citizen, will be justified. However, without forgetting that the citizens in uniform are, first of all, citizen like everyone else and, thus, its special legal regime should be progressively appropriate to be in greater harmony with the personal rights and guarantees provided for in the Federal Constitution of 1988, looking for the balance between the features necessary for the fulfilment of military activities and the dignity of the person in the military.