The freedom of expression of the state military: a necessary study under the precepts of the judgment of “ADPF 475”

Abstract

This article seeks to analyze the freedom of expression of the state military in the face of the judgment of the Argument of Non-compliance with Fundamental Precept 475, which questioned the constitutionality of article 166 of the Military Penal Code (CPM). Military institutions have specific principles and regulations that differ from the military in relation to acts in civilian life. Freedom of expression has a constitutional provision and constitutes a core part of the human manifestation of freedom, but it encounters certain restrictions within the military forces. Even with the growing democratization of the Internet, the military of the 21st century still does not have complete freedom to express themselves on social networks. In this way, we seek to understand the constitutional function of the state military and the reason for the restrictions considered necessary in the Democratic State of Law. To do so, at first, it will be discussed how the military was trained in the Constitutional State, demonstrating the effectiveness of the Military Penal Code as a mechanism for troop control. Secondly, the guiding principles of military forces will be highlighted, such as hierarchy and discipline. Finally, the jurisprudence of the Superior Courts and the context of the judgment of ADPF 475 will be analyzed, in order to verify if there is a collision of art. 166 of the CPM with the Federal Constitution of 1988.