Brazilian Military Justice System: Deontology, legitimacy, and international compliance

DOI: https://zenodo.org/records/17427876

Abstract

The Brazilian Military Justice System is analyzed in light of fundamental rights and international human rights standards. The research adopts a historical-institutional, comparative, and normative approach, using as references the “20 Principles for the Administration of Justice by Military Tribunals”, from the United Nations, and the theoretical model of Kyle & Reiter (2021), which examines the relationships between military jurisdiction, civilian control, and democratic quality. The Military Justice of the Union — created in 1808 and integrated into the Judiciary since 1934 — has a robust legal framework and internal and external control mechanisms. Despite institutional advances, challenges persist, especially regarding the military criminal jurisdiction over civilians in peacetime. This prerogative places the Brazilian model under tension with international human rights standards — although mitigated by the presence of civilian federal judges in the first instance and the full observance of guarantees applied to other branches of the Judiciary. Although it does not correspond to “military tribunals” or “courts-martial” subordinated to the Executive — heavily criticized internationally —, the recent reconfiguration of the SJMU brought it closer to international standards and reaffirmed its adherence to the Rule of Law, the supremacy of fundamental rights, and civilian oversight. In conclusion, the Brazilian Military Justice represents a unique and republican institutional model, capable of balancing its constitutional functions with contemporary demands for democratic legitimacy and human rights