Federal military prison system: peculiarities and legal regime

Abstract

The federal military prison system is primarily intended for the incarceration of active duty, paid reserve and retired members of the Brazilian Armed Forces, as per the prerogative recognized in the Military Statute. As it is a structure with a very specific destination, it has a series of peculiarities, such as the coexistence of disciplinary prisoners and those available to Justice, both military and ordinary. In addition, it is subject to a hybrid legal regime, which combines all the rules inherent to the criminal, criminal procedure and disciplinary regime of the federal military institutions, in addition to the rules and principles applicable to the Brazilian prison system, insofar as there is compatibility with the constitutional imperatives of hierarchy and discipline. Such an analysis is relevant and necessary for the strict inspection carried out by the Military Public Prosecutor's Office on that system.