Consequences of criminal prescription on the careers of military personnel in the Armed Forces

DOI: 10.5281/zenodo.14203624

Abstract

The military career is characterized by values such as patriotism, civility, faith in the mission, love for the profession and esprit de corps, implemented through a special regime of subjection, which materializes in a special category of servants of the Homeland, the military. However, the Armed Forces are made up of a fragment of Brazilian society, imbued with its vices and virtues. Firstly, when a soldier commits criminal conduct, there are a series of effects that harm him in his professional-administrative relationship. This article, using bibliographical and jurisprudential research, investigates to what degree the practice of crime influences the life of the military, in the administrative and civil spheres, with the objective of helping the practice of military legal advisors in the Army, clarifying some doubts that naturally arise from the experience in military legal advice. In the end, it is concluded that, in the case of a prescribed crime, the soldier must suffer several negative legal consequences, based on the analysis of his conduct from an administrative aspect and not just the recognition or not of the state's punitive intention.