CÉZAR FEITZA AND RENATO MACHADO
BRASILIA, DF (FOLHAPRESS)
The acting president, Geraldo Alckmin (PSB), sanctioned this Thursday (21) the law that updates the Military Penal Code, which was written in 1969, still from the time of the military dictatorship.
The vice president vetoed some controversial sections contained in the text, such as the one that provided for the withdrawal of punishment for military personnel who openly and publicly criticized government actions. The penalty is two months to one year in detention.
Another controversial point vetoed treated sexual or domestic violence against women in places of military administration as a military crime. For the government, regardless of location, these crimes deserve specific treatment, with specialized civil courts.
Alckmin serves as acting president because of Lula’s (PT) trip to Cuba and the United States, where he participated in the UN General Assembly (United Nations).
The text that updates the code valid for the Armed Forces concluded its processing in the National Congress on August 22nd.
The new legislation toughened the sentence for military personnel involved in drug trafficking, which can now reach 15 years in prison. Previously, it would last up to 5 years in case of possession or trafficking in barracks and places of military administration.
Another point relating to drugs provides for imprisonment of up to 5 years for soldiers who report for duty under the influence of a “narcotic substance”.
The new text also classifies as qualified theft the suppression of weapons and ammunition for restricted military use or that belong to military institutions. This way, there will be an increase of a third to a half on the sentence – from 4 to 15 years in prison.
One of the articles vetoed by Alckmin provided that the military would respond to the Military Court in cases of sexual or domestic and family violence that were committed in bodies subject to military administration. In other words, these soldiers and officers would not be subject to common or specialized justice.
The government, after intervention by the Ministry of Women, highlighted that these cases of violence need to be treated in a special way, enhancing the preventive and protective nature of assistance to victims.
“The crimes covered by the provision, due to their sensitivity and severity, deserve specific treatment, in order to enhance the preventive and protective nature of assistance to victims, including the establishment of specialized courts to process and judge the causes, showing is contrary to the public interest due to the legal provision of hypotheses in which such crimes would fall under the jurisdiction of the Military Justice”, states the government in justifying the veto.
Members of the leadership of the MPM (Military Public Ministry) told Folha that cases of sexual violence against women in military organizations are usually hushed up, avoiding opening military police investigations to investigate the cases.
Historically, soldiers discovered in crimes of this type are only changed positions to continue their careers in another city, according to reports – without opening military police investigations. The MPM, therefore, researches documents on the movement of military personnel to identify possible cases of these crimes for investigation.
Another vetoed point excluded the possibility of punishment for military personnel who criticized their hierarchical superiors, including governments.
Alckmin argued, in justifying the veto, that this article provided for in the text approved by Congress goes against “the constitutional principles of hierarchy and discipline” and also against “military institutions themselves”.
It further argues that “the Armed Forces are permanent and regular national institutions, under the supreme authority of the President of the Republic, so that criticizing Government resolutions violates the aforementioned principles”.
The text approved by deputies and senators also expanded the so-called exclusion of illegality, possible crimes committed during professional activity in dangerous situations, particularly against subordinates.
The approved project provides that “there is also no crime when the military in command function, in the imminence of danger or serious calamity, compels subordinates, by violent means, to perform urgent services and maneuvers, to save the unit or lives or to avoid discouragement, terror, disorder, surrender, revolt or looting”.
The government argues that expanding the exclusion of illegality for the use of violence against subordinates when danger or serious calamity is imminent “would make it potentially applicable to all military personnel in command roles, which would cause legal uncertainty due to the diversity of possible interpretations in relation to the factual hypotheses for which the use of violence would be authorized”.
The post Alckmin maintains punishment for military officer who criticizes government by sanctioning code adjustments appeared first in Jornal de Brasília.
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