Wednesday, June 25, 2008

BR Army 003

Brazilian Army in hell... (2)

After ten days of one of the worst cases involving the Brazilian Army and civilians, in the last 20 years. Some lessons and developments can be said.


After the Law 9299/96, that changed the Brazilian Military Penal Code, in the homicides committed by military personnel with intention to kill, the jurisdiction goes to the civilian Court. The Military Justice does not have any jurisdiction at all.

The interesting thing is the decision rules that the State Court should not have jurisdiction and the case should be trial before a Federal Court, once the Army is a federal institution. In this case, THE Army is responsible for their soldiers, once the repercussion is so big. Usually is the State Court who has the jurisdiction. One keeps wondering if is the Army who is on the defended sit.

The accused

The patrol had eleven people, one officer and ten enlisted. Took part in the decision to disobey the order to liberate the three victims - two of them with large criminal records - the officer, a Second Lieutenant, and two enlisted, one sergeant and one corporal, the rest actually just followed the Lieutenant's orders.

But the State, Federal and Military Prosecutors decided to charge all of them.

Worst, the Military Prosecutor (she is a civilian, Brazil only has civilians) decided also to charge the Army Captain who ordered to liberate the prisoners, once he understood the arrest was illegal, on the grounds he did not "guess" his orders weren't being follow (?!?).

Political Development

But what was the Army doing there?? Social services, actually being used as political tool to help one protégé of the President, even not belonging to the Workers Party. He is Senator Crivela and wants to be the next mayor of Rio de Janeiro City.

In the end this cursed patrol will be charge with all. They committed a crime, but nothing will change the fact that they will not have a fair trial. Everybody is more preoccupied with the public opinion than to do what the Law orders.

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