Penas restritivas de Direito e o Código Penal Militar

Abstract

The legislation evolution, in the sense of restricting the imprisonment to the most dangerous delicts, involves all the penal system, and therefore, it can be admitted by the Military Court when applying the alternative sanctions or the restrictive rights sanctions. This interpretation is based on the fact that there is no legal restriction to apply those kinds of punishments to civilians condemned by the Military Court. Therefore, the decisions of the Federal Supreme Court, in its basis, support the feasibility of applying such kind of punishments, which complies with the Human Rights and United Nations principles.