Military Justice and Trial of Civilians – Brazil-Italy

DOI: 10.5281/zenodo.13972339

Abstract

The comparative study of legislation and judicial decisions from different countries brings important contributions to the development of Law, without neglecting local peculiarities. In the context of Military Law, such studies are particularly relevant in view of the repeated questions about the existence and jurisdiction of the Military Justice System. In this context, the Seminar “Comparative Military Legal System of Brazil and Italy” was held, an event that gave rise to this article. The peculiar institutional design adopted in Brazil, which integrates the Military Justice System with the Judiciary, and is not organized in the form of a Court Martial, as in the vast majority of countries, gives rise to numerous misunderstandings about the possibility of prosecuting and judging civilians. In Italy, the Military Justice System is part of the Judiciary, but does not judge civilians. This article analyzes the issue based on the Action for Non-Compliance with Fundamental Precept No. 289, which is awaiting judgment in the Supreme Federal Court.