Challenges to updating Military Law: case study of Article 166 of the Military Penal Code

Abstract

This article analyzes, from its emergence in the national order, the basic concepts and foundations of Military Law, as well as addresses the reasons for the need to update its content. It highlights the constitutional principles of hierarchy and discipline and their interaction with the fundamental rights of the military, specifically, related to the vicissitudes of freedom of expression and special relations of subjection. Furthermore, it promotes a case study on the legislative process of Law No. 14,688, of September 20, 2023, focusing on the rule of Art. 166 of the CPM, Publication or undue criticism. The methodology adopted was bibliographical research and analysis of legislation and jurisprudence, using the deductive method. It was concluded that the legislative update promoted by Law 14,688/2023 could have taken advantage of the opportunity to bring military legislation closer, with regard to the norm of Art. 166 of the military penal code, to the current constitutional axiomatic dictates; and that the special relations of subjection (submission and restriction of rights) of the military before the State are justified in favor of institutional security, as well as the strengthening and preservation of the premises of hierarchy and discipline within the scope of Military Law, aiming to guarantee peace Social.