The temporal nature of the R2 Officer’s commission in the Brazilian Armed Forces

DOI: https://zenodo.org/records/15519324

Abstract

This article analyzes the legal nature of the commission granted to temporary officers of the Brazilian Armed Forces, with emphasis on its temporariness and the legal limits of the functional bond. The discussion is based on the distinction between career officers, whose commissions enjoy constitutional protection, and temporary officers, whose investiture is precarious and time-limited. The objective is to demonstrate, based on the Federal Constitution, the Military Statute (Law No. 6,880/1980), the Military Service Law (Law No. 4,375/1964), the amendments introduced by Law No. 13,954/2019, and the recent Decree No. 12,375 of February 6, 2025, that the commission of the temporary officer is automatically extinguished at the end of the maximum service period established by regulation, without the need for judicial proceedings or disciplinary sanctions. The methodology is qualitative, based on normative, doctrinal, and case law analysis. Furthermore, the study distinguishes the symbolic use of the term "reserve officer" as an honorific title from the legal status of "remunerated reserve officer," which applies exclusively to career officers. It concludes that the temporary officer’s commission is valid only during the legally authorized period of service, with no functional effect after ex officio licensing, although this does not diminish the institutional importance of the temporary officer, whose strategic, technical, and historical contribution to the Armed Forces is undeniable and worthy of broad recognition.