The possible condemnation of the former president (PL) and general officers in the (Supreme Court) must rekindle the discussion about the unfolding of actions on common crimes.
The controversy is in the way, considered right for Bolsonaro and other officers involved in the attempted coup.
Supreme ministers have indicated that the court may determine the loss of the post and patent as an accessory penalty. The permission would be in Article 92 of the Penal Code, which provides for the loss of public office in convictions greater than four years in prison.
Three (superior military court) heard by Sheet They state, in contrast, that the decision on the loss of the post and the patent of convicted military personnel is up to military courts.
The provision is in Article 142 of the Federal Constitution, in the items that establish that only a military court can judge officers as unworthy – thus declating its banishment of.
“The Constitution does not give the STF competence to decree the loss of the post and the patent of officers. This is an exclusive attribution of the Union Military Justice […]. The judiciary’s integration system ensures that the Supreme Court condemns criminally, but the statutory consequence for the military career depends on the STM. It means that the Supreme Court cannot replace the STM trial, “said the Military Court when asked by the report on the subject.
The embarrassment involving the moment and the forum of the loss of patents was reported by the newspaper and confirmed by the Sheet with four STF and STM ministers.
On the way to the Military Court, the Military Public Prosecution Service must wait for the final judgment (the end of the case) in the Supreme Court to send a representation to the Court. If the officer is sentenced to more than two years in prison, the ministers of the Military Court determine the loss of the post and the patent.
The Military Court does not enter the details of the eventual conviction of the Supreme, nor discuss the merits of the accusation of the (Attorney General’s Office), nor has the deadline to analyze the process. The speed depends on the representation of the Military Public Prosecution Service and the priority that will be given by the President of the Court, the responsible for the Court’s agenda.
Bolsonaro, as a retired captain, receives salary of $ 12,861 even though he spent more time in reserve than active. He entered the army in 1973 and left in 1988 – for years after starting one in which he criticized the wages of the military.
In addition to the former president, 5 of the 8 defendants of the central core of the coup plot, which will be tried supreme in sessions of the first class from September 2 to 12, are military: the general officers, and and the lieutenant colonel.
Although the role of the STM when analyzing eventual loss of patent is considered merely homologatory, two members of the Court heard by Sheet The eventual condemnation of four-star generals and a former president of the Republic may tensize the military court and generate discussions about the process.
‘Fictitious Dead
The military expelled from force by convictions in the judiciary are called “fictitious dead.” They lose the acquired rights during their careers, such as special arrest, and their salaries are passed on to family members by way of pension.
O with payment to family members of 238 people included in this classification.
The concept of “fictional death” was created in the military for cases where there was doubt about the death of missing combatants. The declaration of death was the way to guarantee the payment of pensions to the military of the military.
In Brazil, this situation, also known as “Ficta Death”, entered the Brazilian law in 1960. The original law provided that the active officer who loses his post and the patent left “his heirs the corresponding military pension”.
In practice, the condemned military ceased to have a salary, and their families received the same amount as a pension. In 2019, a reform in the military pension eventually changed the law and established that the family of the “fictional dead” would receive value proportional to the length of service.
They argue that the condemned military, before being banned, had collected 10.5% of their salaries to fund military pensions. It would not be fair, according to this view, that the value was not returned to your family members.
The TCU (Federal Court of Audit) decided, on August 13, to send a recommendation to the Lula Government (PT) to extinguish the “fictional death.” The judgment suggests that the pension “should not be paid before the institution’s death”.
The rapporteur of the case, Minister Walton Alencar Rodrigues, says that the military benefit undermines the administrative morality and the financial balance of public accounts. The recommendation has not yet been discussed in the government. He argues that, in a civil career, “it is not considered social security benefits or return of contributions after dismissal.”
