The promotion in reimbursement of military pretermission due to a criminal sentence that recognizes the statute of limitations

Abstract

Promotion is a right of the military provided for in the Military Statute, considering the military personnel defined by law. The modality of promotion in compensation for preterition aims to repair any damage caused to the military when he has a favorable solution to an appeal, is considered not guilty in criminal proceedings or court of honor or has been harmed by proven administrative error. When the military benefits from the recognition that his crime has expired, there is no right to compensation, given that the sentence that recognizes the prescription has a declaratory and not an absolution nature. This article, using bibliographical and jurisprudential research, investigates whether the right to promotion, granted to the military, can be granted, in the form of compensation, when the prescription of a crime committed by him occurs, with the objective of assisting the practice of military legal advisors of the Army, clarifying some doubts that naturally arise from experience in military legal advisory services. In the end, it is concluded that there is no repercussion, in the administrative sphere, of the decision of the criminal court that declared the prescription of a crime. As a consequence, the military that was facing criminal charges, and for that reason did not got promoted, does not have the right to be reimbursed in the promotion.