Services on Demand
Journal
Article
Indicators
- Cited by SciELO
- Access statistics
Related links
- Cited by Google
- Similars in SciELO
- Similars 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.