SciELO - Scientific Electronic Library Online

 
vol.20 issue40VINTILA HORIA'S CONTRIBUTION TO THE HUMAN RIGHTS PHILOSOPHYTHE INDIGENOUS WOMEN AND THEIR RIGHT FOR POLITICAL PARTICIPATION IN MEXICO author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Journal

Article

Indicators

Related links

  • On index processCited by Google
  • Have no similar articlesSimilars in SciELO
  • On index processSimilars in Google

Share


Prolegómenos

Print version ISSN 0121-182X

Abstract

CASTRO SILVA, Susi. MORE GOWNS AND LESS SABERS: COMPETENCES OF THE CIVILIAN JUDGES IN THE BRAZILIAN MILITARY JUSTICE AND THE NATURAL JUDGE PRINCIPLE. Prolegómenos [online]. 2017, vol.20, n.40, pp.127-144. ISSN 0121-182X.  https://doi.org/10.18359/prole.3045.

The Brazilian military justice has been criticized along the twentieth century because it might be either a trial of exception or a class privilege. In the core of both critics, it has been found that even though the military does not have any legal knowledge, they do exercise a jurisdiction function through the "escabinato", which is composed by a civilian judge (the gown) and four military (the sabers). In the hereby article, based on the hermeneutic-concrete method of constitutional interpretation, the composition of those justice councils with regards to the natural judge was analyzed, in accordance with the Federal Constitution of 1988.

Keywords : Military justice; military criminal proceedings; constitutional principles; escabinato.

        · abstract in Portuguese | Spanish     · text in Spanish     · Spanish ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License