Is there a presumption of innocence in the military disciplinary sphere?

Abstract

It generates non-conformity, which sometimes leads to judicialization, when a soldier, who is still responding to administrative disciplinary or criminal proceedings or who is in precautionary arrest, that is even before a final decision, becomes sub judice, thus, suffering some career restrictions, for example, being prevented from being included in the access list for promotion, career progression with the due pecuniary effects. Thus, faced with a possible premature interpretation that this impediment to the administrative act of promotion, due to the fact that it is sub judice, could constitute an anticipation of the effects of a conviction that may not even exist and or that would be an injustice or discriminatory act, it is necessary to understand whether, in fact, there is, and should be, a presumption of innocence in the military disciplinary sphere. It is also important to know the reasons for this temporary restriction on career advancement and, also, promotion in compensation for neglect. Furthermore, given the specificities of the military disciplinary sphere, it is necessary to clarify why the mass transport of Principles from the criminal sphere to the military disciplinary sphere is not appropriate.