Habeas corpus e as punições disciplinares militares

Abstract

The present work will confront Art. 5, item LXVIII of the Fundamental Rights of the Constitution of the Federative Republic of Brazil with Article 142, § 2 of this same Constitution. With the aim of demonstrating the relevance of the debate on the proposed theme, thus enriching Military Law, a branch that is little explored by the legal community. Thus, it was analyzed by the supposed antagonism between the two norms, that is, the acceptance or not of the habeas corpus in military disciplinary prisons, with the purpose of assisting in the discussions in the ideological-professional field from the legal and disciplinary point of view. In its construction procedure, the methodological path of this research involved bibliographical research, analysis of documents and legislation. The scientific method used was the hypothetical-deductive, presenting a synthesis regarding the impediment or accommodation of the Habeas Corpus in the prison from the transgression of the military discipline. Thus, it is believed that this study has relevance because it is a work of academic level, bringing the discussion topic of constitutional texts, for aggrandizement of the subject.