Abstract

DIAS, Luciana Gonçalves  and  BOAS, Regina Vera Villas. O JUIZ NATURAL NA JUSTIÇA MILITAR FEDERAL BRASILEIRA: PRINCIPAIS DESAFIOS PARA A EFETIVAÇÃO DO ACESSO JUSTO À JUSTIÇA NO PROCESSAMENTO DE DEMANDAS ENVOLVENDO CIVIS. Revista Internacional CONSINTER de Direito [online]. 2020, n.11, pp.365-380.  Epub Dec 18, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00011.17.

This paper presents a study on the constitutional competences of the Brazilian Federal Military Justice and its criminal jurisdiction, during peacetime, in relation to military offences involving civilians - whether as defendants and / or as victims of intentional crimes against the life committed by federal military in the context of Military Operations. The analysis is constructed from the understanding of correlation between the choice of the judge model and the concretization of fair access to justice; as well as the interpretation of innovations in the national legal system brought about through changes in the Law of Organization of Military Justice of the Union (LOMJU) and the Military Penal Code (MPC). These brief reflections intend to address the process of modernization of the Federal Military Justice as a specialized branch of the Brazilian Judiciary, tracing hidden content to the postulate of the Natural Justice assimilated from the doctrines of Luigi Ferrajoli and Jürgen Habermas: the social acceptability obtained through the fight against ignorance and the approximation with civil society, including the operators of law itself. The method used is the analytical-deductive, through research of norms, jurisprudence and specialized doctrine.

Keywords : Natural Justice; Brazilian Federal Military Justice; Fair Acess to Justice; Civilians..

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