Reflections on Compulsory Military Service and its repercussions in the criminal sphere

Abstract

This study presents reflections on Compulsory Military Service and some repercussions in the criminal sphere due to infra-constitutional regulations in compliance with the constitutional order. To this end, a literature review, statistical survey and research into comparative legislation are carried out. Aspects and objectives of the SMO, the Citizen Soldier Project, the crimes of desertion and insubmission are analyzed, especially expiration. The observation that the compulsory nature of the SMO is restricted to enlistment. The absorption of a small portion of the contingent that was supposed to comply with the SMO and the repercussions on National Defense. It is concluded that the differentiated expiration for the crimes based on the age of the accused, foreseen for the crimes of desertion and insubmission, is not proportional to the role situation studied.