The lack of Military Administration interest in the reintegration of deserters and its procedural repercussions in the provisional desertion proceedings.

Abstract

In this article, based on theoretical research and the application of deductive methodology through a literature review and analysis of legal texts, we aim to demonstrate the existence of a regulated discretion granted by the legal system to commanders regarding the reintegration of deserters, especially in cases where capture or voluntary presentation does not occur after extended periods, with indications that the defector may no longer meet all the necessary conditions for military service. We argue that this possibility is a result of a systematic interpretation of the involved norms in light of specific constitutional principles. Furthermore, we contend that the expressed or tacit manifestation of the Military Administration's lack of interest to promote the deserter's reintegration, while respecting the functional independence of the members of the Military Public Prosecutor's Office and the Military Justice, may have procedural repercussions in the provisional desertion proceedings, potentially leading to the termination of the procedure itself due to a lack of standing to bring an action, as considered by certain doctrinal perspectives as one of the conditions for criminal action.