The decision of the Supreme Federal Court and the new system of interrogatory in the Bill 9436/2017

Abstract

This article deals with interrogation in military criminal proceedings, briefly addressing its legal treatment both in common criminal proceedings and in the military. As adopted methodology, a bibliographical research was carried out, jurisprudential survey, with special focus on an important decision of the Federal Supreme Court on this subject (HC 127.900/AM), as well as a documentary survey based on the Access to Information Law (LAI). We emphasize, at the outset, that the Military Criminal Procedure Code is the main immediate formal source of the military criminal rite, and must be interpreted according to the Magna Carta of 1988, being certain that only in exceptional cases, when the subject is already regulated in the Military Criminal Procedure Code, the rules of the Criminal Procedure Code are invoked, which occurred by virtue of the aforementioned decision of the Supreme Federal Court. Continuing with the research, we consulted the website of the Chamber of Deputies to find out about a Bill dealing with changes in the current Military Criminal Procedure Code in order to adapt it to the aforementioned decision of the Supreme Court, in which the answer was positive, since there is the Bill 9.436/2017. Based on the Access to Information Law, we requested the opinions of the Ministry of Defense and the Armed Forces on the aforementioned legislative proposal. As a result, we identified that the “new” Military Criminal Procedure Code will adapt to the rite of interrogation of the Criminal Procedure Code, exactly in the molds of the decision of the Supreme Federal Court, being certain that the initiative also enjoys, in this point, the favorable opinion of the federal military institutions.