The feasibility and impacts of self-defense by active service military police officers in administrative-disciplinary processes with the advent of law nº 14,365/22, facing the basic limits of hierarchy and discipline

Abstract

The present work aims to study the feasibility and impacts of self-defense of active duty military police officers in administrative-disciplinary processes (Disciplinary Councils and Disciplinary Administrative Processes) with the advent of Law nº 14.365/22, in view of the basic limits of hierarchy and discipline, in the Military Police of the State of São Paulo. The law in question, in the exact provisions of paragraphs 3 and 4 of Article 28 of the Statute of the Brazilian Bar Association-OAB, which allowed self-defense, including in administrative proceedings, by active service members enrolled in the OAB, was declared unconstitutional, for through Direct Unconstitutionality Action nº. 7,277, of March 18, 2023. The studies allowed the perception that the institute of self-defense has always existed in the military administrative system, and the technical defense offered by a lawyer or the assistance of a native defender were additional measures to the exercise of defense. It is concluded that the exercise of self-defense does not grant the accused the prerrogatives of a lawyer, but it also does not disallow him from exercising it, as long as military police values and duties are safeguarded