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

Abstract

When it becomes effective the Law 9.299 / 1996, doctrinal and jurisprudential divergences began to arise concerning the constitutionality of §2, art. 82 of the Code of Military Criminal Procedure, it was added by that law. Accordingly, two direct actions of unconstitutionality were filed: ADI 1.494/1997 and ADI 4.164/2008. Law 13.491, of October 13, 2017, was enacted recently, which again altered art. 9th of the Military Penal Code and further intensified the discussion on the subject. Consequently, these differences still persist today. So, the objective of this work is to analyze which police institution has assignment to investigate the intentional crimes against life practiced by military of the states against civilians. The research will be in the qualitative approach, the technical procedures used will be of the type bibliographic research, with the purpose of gathering information to analyze the various positions about this problem. Finally, as can be observed, the issue is controversial and current, since this disagreements persist, including whether such crimes would be military or common, hence the need to analyze, based on doctrine and jurisprudence, which institution investigating such crimes.