Brief Considerations on the Execution of Custodial Sentences in the Military Justice of the Union

Abstract

The State’s punishment right is based on formal and strict penal law from political choices of a specific society. In Brazil, the Federal Constitution attempts to synthesize base principles for sentence application, with the end goal of establishing parameters in relation to the State’s punishment. In this context the following work has as an objective briefly analyzing some aspects of the execution of custodial sentences applied by the Union’s Military Justice, in parallel with the common penal legislation and in light of the Constitutional principles of penalties. The principle of specialty is sometimes invoked by the Military Court so that the benefits of common legislation are separated from those that are condemned by the military organization. The text attempts to demonstrate the most peculiar differences in methods of execution of custodial sentences in regard to the Union’s Military Justice, as well demonstrating the actual application of constitutional principles of the sentence according to that specialized Justice.