Military Policial Investigation

the Solution that, Actually, is a… Problem!

Abstract

The main objective of this work is to deepen the study about the institute of the solution in the military police investigation, analyzing several doctrinal theories about its legal nature and reason of being. It also seeks to ascertain the functional competence to issue this investigative phase instrument. It appears that the way in which the legislator dealt with the institute in the Code of Military Criminal Procedure allows interpretative differences that, in most cases, go unnoticed by operators and scholars of military criminal law and military criminal procedural law. Therefore, it is intended to explore the theme, bringing to the reader intriguing points of view and conclusions about the institute in question. For this, the concept, function, and some characters of the military police investigation are briefly analyzed. It also examines the figure of the military judicial police authority, as well as the possibility that such a task may be delegated to a junior active duty officer. And finally, based on the information gathered, the topic related to the closure of the military police investigation is focused, focusing on the report and, above all, on the solution institute, in order to fulfill the main mission of this essay.