O habeas corpus nas punições disciplinares militares

Abstract

This paper aims to analyze the application of habeas corpus in case of disciplinary military punishment that are applied in an abusive or illegal way. The aim is to study the reason of 1988s Federal Constitution in vetoing habeas corpus impetration for military servants that are victims of administrative penalties for disciplinary transgression. It is imperative to emphasize that the writ is a juridical medicine present in article 5º LXVIII of Magna Letter of 1988, with the purpose to guaranty to people their liberty of locomotion, even if there is imminent risk through illegal or abusive act, with its applicability in control of administrative acts that could interfere in individuals liberty. In the last chapter of this paper, it will be discussed about the applicability of habeas corpus in disciplinary military punishment, according to article 142, §2º in the current Constitution, demonstrating the doctrinaire and jurisprudential understanding about this subject.