Theory of military hierarchy mitigated in the exercise of elective mandate

Abstract

Political relations between the military, strengthened with greater emphasis from the 2018 election, established as a result of the exercise of recent elective mandates, may have created a new criterion for the interpretation of the military hierarchy for certain hypotheses, namely, a kind of mitigation of secular rules and rigid that underlie the daily life of the Armed Forces. The systemic analysis of constitutional norms can bury the first impression that hierarchical relations are inexhaustible and rigid for the military in any situation, for all the life. However, this hypothesis deserves serious study, with scientific analysis on the subject, in order to map, at least initially, what are the legal bases for such a hypothesis of “mitigation of the military hierarchy”. Faced with this complex challenge, this article presents itself, courageous in that it dares to touch a sensitive point and has not previously been explored with the necessary depth in Brazilian law doctrine. In order to obtain some concrete answer on the subject, a legislative, hermeneutic and contextual analysis of the matter was carried out. The deductive method was used, analyzing the premises used to reach a conclusion.