A inconstitucionalidade do regulamento disciplinar do exército (RDE) e a defesa do devido processo administrativo disciplinar militar

Abstract

The Army Disciplinary Regulations (RDE) is the standard that, on the one hand, lists the transgressions and military sanctions and on the other, regulates Administrative Proceeding Military Discipline; because imposes obligations and restricted rights. Approved via decree of the Executive Branch, typifies generic and indeterminate behaviors, and break into matters reserved to the law; offends, at the same time, the criminal predictability and the legal reserve, suffering therefore of material nature and formal vices. Furthermore, the RDE, though not of the journal form of law in the strict sense, prescribe custodial sanctions. However, it argues that, in defense of the military because of disciplinary proceedings, that ius libertatis is a fundamental right subject to restriction only through feathers comminated by Parliament. This is the matter the unconstitutionality of RDE.