THE EXTENSION OF THE COMPETENCE OF MILITARY JUSTICE: AN ANALYSIS IN THE LIGHT OF THE NATURAL JUDGE'S GUARANTEE

Abstract

The present study aims to analyze the changes promoted by Law 13.491, of October 13, 2017, within the scope of the jurisdiction of the Military Justice, having the constitutional guarantee of the natural judge in its broadest outline as an interpretive vector. During the study, after the analysis of the two main changes promoted in the Military Penal Code (withdrawal of the jurisdiction of the Jury Tribunal to judge intencional crimes against life practiced by military personnel in the Armed Forces against civilians in specific cases and expansion of the concept of military crime in addition to the crimes foreseen only in the military legislation), it will be possible to show that, as it currently stands, the competence of the Military Justice escapes the contours of the constitutional guarantee of the natural judge.

Keywords

• fundamental guarantees
• natural judge
• competence
• military justice
• enlargement