The (in) applicability of judicial forgiveness in the Federal Military Justice

Abstract

This article aims to evaluate the possibility of applying judicial forgiveness within the scope of the Federal Military Justice, an institute expressly provided for in the General Part of the Common Penal Code, but not in the General Part of the Military Penal Code. Therefore, its concept, its foundations, as well as the discussion about its legal nature were approached, albeit briefly, based on the Brazilian penal doctrine, both common and military. For that, it investigates the institute through analysis of the legislation pertinent to the subject, bibliographical and documental review, with special focus on the jurisprudence of the Superior Military Court, by which it was possible to verify a recent evolution in the understanding of that Military Court on the subject. From this theoretical basis, we sought, through a deductive method, to present a concrete case judged in the 12th Military Judicial District, in which the Permanent Council of Justice for the Army decided, unanimously, for the application of judicial forgiveness in that judgment. The work supports the possibility of applying the judicial forgiveness in the Federal Military Justice.