A competência para o julgamento dos militares que cometem crimes dolosos contra a vida de civis no cenário da intervenção federal do Estado do Rio de Janeiro.

Abstract

The present work has the objective of analyzing the peculiarities of the federal intervention in the area of public security in the State of Rio de Janeiro, as well as in Law n. 13.491 / 2017, which defined the Military Justice as competent for the military personnel of the Armed Forces commit intentional crimes against the lives of civilians. The subject developed is entitled "The competence for the trial of the military in the scope of federal intervention in Rio de Janeiro". The study focused on the following objectives: to analyze the institute of the element of constitutional stabilization denominated Federal Intervention, from the point of view of the current Constituent Charter, highlighting its concept, its formal and material presuppositions, as well as the chronology of the institute in the juridical order Brazilian; to comment on the competence of the Military Justice of the Union and of the States and of the Common Justice for the prosecution and trial of military personnel, and to analyze the concept of military crimes; in addition to examining the particularities of the federal intervention in Rio de Janeiro, Decree No. 9,288 / 2018 and the updating of Law No. 13,491 / 2017 regarding the competence to judge the military. For this, the deductive and technical method of bibliographic research was used, which was based on research in doctrines, jurisprudence, scientific articles, normative species and in the Federal Constitution of 1988. It is worth mentioning that the theme is relevant, since several organisms international organizations have already expressed the view that the trial of the military in these circumstances, in military jurisdiction, violates human rights and makes due process legal. Finally, the problematic and the hypothesis elaborated were confirmed, which are: problematic - In the scenario of the current federal intervention in Rio de Janeiro, which jurisdiction should be attributed to the jurisdiction for the trial of military personnel who commit intentional crimes against the life of civilians Hypothesis: In order for a fair and impartial trial to be guaranteed and due process of law not to be relativised, the military must be prosecuted and tried before the Common Court