Sanções disciplinares militares e o instituto do habeas corpus: sua legalidade no contexto jurídico vigente

Abstract

The present study is to deepen the understanding of the proposed treatment of Habeas Corpus, first and foremost a constitutional guarantee, also nicknamed the remedy to be applied in situations of threat or restriction of the right to freedom of movement. The work in question bears the Institute of Habeas Corpus as a means of suppressing coercion or constraint, even if this occurs or eminence. Although prisons and disciplinary spheres Military, is in the Army, Navy or Air Force, this constitutional guarantee is restricted, such a guarantee is consecrated and characterized by being a fundamental right to individual matters expressed in our art.5 th, LXVIII, CF / 88. This study will address issues that lead to the filing of Habeas Corpus and the factual situations that fit this institute. And the times when it would be appropriate along the disciplinary issues in the military.