Transação penal nos crimes militares impróprios cometidos por militares estaduais

Abstract

The law which established the Minor Criminal Offences Courts in Brazilian legal system aimed to reduce judicial demand, contribute to legal proceedings’ celerity and offer alternative penalties to imprisonment. Therefore, the present research analyses, through a deductive, qualitative and bibliographic method, the applicability of the plea deal as one of the decriminalizing institutes provided by Law no. 9.099/95 to improper military crimes committed by military officers of the states. Before the amendment introduced by article no. 90-A of Law no. 9.839/95, the plea deal was applied by Military Justice. The current study is divided in three chapters. The first one debates general aspects of Law no. 9.099/95 and its decriminalizing institutes which brings an innovative consensual ideal to our legal system with the resulting social benefits of its application. The second one debates the Military Justice and its competence to try proper and improper military crimes. The third chapter focuses on the principles that guide the applicability of the plea deal by Military Justice: equality and human dignity. In addition, hierarchy and discipline principles are also approached as basis to the inapplicability of the mentioned institute and also how the plea deal is being applied by the Military Justice of the State of Paraíba on crimes committed by military officers of the state which may lead to the application of the Law no. 9.099/95 despite the strict prohibition set by article no. 90-A.