A atribuição para investigar os crimes dolosos contra a vida praticados por militares dos Estados contra civil

Abstract

With the entry into force of Law 9,299 / 1996, doctrinal and jurisprudential divergences began to emerge regarding the constitutionality of §2, art. 82 of the Code of Military Criminal Procedure, added by that Law. Thus, two direct actions of unconstitutionality were filed: ADI 1,494 / 1997 and ADI 4,164 / 2008, the first was extinguished without resolution of the merits and the second is awaiting judgment. Recently, Law 13,491 of October 13, 2017 was enacted, which again amended art. 9 of the Military Criminal Code and further stirred up the stir about the issue. Thus, such divergences still persist today. Thus, the purpose of this paper is to analyze which police institution is assigned to investigate the intentional crimes against life committed by state military personnel against civilians. The research will be in the qualitative approach, the technical procedures used will be of the bibliographic research type, with the purpose of collecting information for analysis of the various positions about the research problem. Finally, as can be seen, the issue is controversial and current, since such differences still persist, including whether such crimes would be military or common, hence the need to analyze, based on doctrine and jurisprudence, which institution police officer is responsible for investigating such crimes.