Considerations on the creation of § 2 of article 82 of the Military Criminal Procedure Code and its effects on ordinary criminal justice (Law No. 9,299/96)

Abstract

The article examines the creation of § 2 of article 82 of the Military Criminal Procedure Code by Law 9,299/96, which attributed to the Military Court the forwarding to the ordinary court of the records of the military police inquiry in intentional crimes against life committed against civilians. The exposition analyzes the notions of judicial police, ostensible police and public security in light of article 144 of the Constitution, confronting the jurisdiction of the ordinary court with the investigative attribution of the military police. The investigation sustains the possibility of parallel inquiries in case of doubt about the victim's identity or the subjective element. The text concludes by the immediate application of the procedural norm to ongoing cases.