The administrative prison of military for indiscipline and its (in)compatibility with the democratic regime

• Autor(a) principal: Cavalcante Leitão Santos, Bruno
• Data de Publicação: 2022
• Outros Autores: França Júnior, Francisco de Assis de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/702
• topic: Prisão administrativa; Militares; Hierarquia; Disciplina; Democracia; Administrative detention; Military; Hierarchy; Discipline; Democracy

The main objective of this article is to diagnose and critically reflect on the mismatch of the constitutional provision of the administrative prison of the military with the other provisions of the 1988 Constitution. of the judiciary, carried out, therefore, by a military authority, would be compatible with the democratic regime? As a main hypothesis, the argument is presented that there is no compatibility between this type of prison and a democratic regime, as well as there is no coherently sustainable causal relationship between this threat of prison and the maintenance of military hierarchy and discipline, in the that we classify the arguments of its defenders as fallacious. Finally, to fulfil the proposed objective, we use the hypothetical-deductive method, in an essentially qualitative approach, as well as the technique of literature review (doctrinal and legislative), with theoretical references between constitutional, anthropological, criminological and criminal procedural doctrines.