The crime of desertion in Military Police

the subsumption to the crime of leaving office

Abstract

The objective of this work is to promote a rereading of the crime of desertion within the military police, directing the applicators of military criminal law to the interpretation based on the principles of legality and the taxability of the criminal norm. In this wake, the historical contextualization of how military recruitment occurred in Brazil, correlating this practice to the causes of desertion within the military forces, and with the reasons of criminal policy of positive of this crime in the Military Penal Code with the wording that is found, refuting the subsuming the conducts of not attending or missing the service, commonly basing the absence parties, and subsequent Provisional Desertion Instructions. With a bibliographic character, the research was constructed from consultations with military legislation, historical archives of Brazil, constitutional norms in force and revoked, norms of comparative law, doctrine, articles published in electronic journals and jurisprudence. Dialectics were used in terms of the research method, presenting the theme of desertion under different theses, having as problematic the subsumption of the conduct of letting the military police officer attend the service. In the end, it will be demonstrated that the conducts now refuted as desertion are molded to the crime of abandonment of office, the Military Penal Code, if they cause damage to the Military Administration and functional duty, not requiring, for the configuration of the type, the existence of any time lapse, in total obedience to the constitutional precepts emanating from the principle of legality, dialoguing with the framework for military disciplinary transgression, in the event of absence of the above-mentioned damages.