A aplicabilidade da Lei nº 9.099/95 na Justiça Militar da União

Abstract

Law 9.099 / 95, which regulates the Special Criminal Courts came to improve the criminal justice system, seeking ways to fix the problems faced in the judicial machinery. It has long been concerned with a more efficient and fair criminal justice system , to produce faster and even more operating time answers , with different penalties to imprisonment for bringing very important innovations for the criminal justice system , such as plea bargaining and the conditional suspension of the proceedings. The Military Justice preaches the inapplicability of this Law, based on the specialty of Military Justice and guiding principles of the Armed Forces , hierarchy and discipline, but on the other hand are other principles that are also essences in a democratic rule of law such as the principle of equality and the principle of proportionality . Thus, the overall goal is to investigate the possibility of applying the measures despenalizadoras created from the Special Courts Act as part of the Military Justice and, if used , as would operate within the Military Penal Law.