As interfaces entre a Justiça Federal e a Justiça Militar da União

Abstract

This paper intends to verify some common points between the Brazilian Federal Court of Justice and the Brazilian Federal Court of Military Justice. The jurisdiction of Brazilian Federal Court of Military Justice is fixed by the 1988 Constitution of the Federative Republic of Brazil and the Brazilian Military Penal Code (Decree-law no. 1.001/69 of October 21, 1969), and its arrangement and operation are fixed by the Brazilian Code of Military Procedure (Decree-law no. 1.002 of October 21, 1969) and the Federal Law of Military Justice (LOJM - Federal Law no. 8.457/92). In a criminal point of view, Superior Military Tribunal exposed an understanding that some crimes considered military crimes are not related to the Military Jurisdiction. In the other hand, some ordinary crimes do not have correspondence in the Military Penal Code. With regard to non-judicial and civil aspects, Brazilian Federal Court of Military Justice has exclusively criminal jurisdiction in spite of some punctual legal cases from the Superior Military Tribunal. In consequence, many administrative factors related to the Armed Forces and connected to military crimes are analyzed by the Brazilian Public Prosecutors Office of Military Justice and the Brazilian Federal Public Prosecutors Office.