A (In) Constitucionalidade da Lei n.º 13.967/2019: extinção da prisão disciplinar dos policiais militares e aspectos controversos

Abstract

This work came with the scope of demonstrating relevant considerations of the law, doctrine and jurisprudence of one of the most controversial issues in the field of military police and firefighters today: the issue of administrative arrest, due to the entry into force at the end of the year. of 2019, of Law No. 13.967, of December 26, 2019, which includes, among some principles, the prohibition against restriction and deprivation of liberty in cases of administrative punishment, that is, all those that do not result from the process penalties, and determines states to carry out the regulation and implementation of these principles in a code of ethics and discipline. This change had repercussions throughout the country, since it brought a series of controversial understandings regarding the rule, both of the commands of state military institutions and of state military justice. The work glimpses the aspects arising from the constitutionality or not of this norm, along the lines of bibliographic research. Its main objective is to list the theses and decisions in the administrative and judicial scope derived from the application of this standard. The other objectives are to expose the history of the custodial sentence, the typology of this type of punishment, with an emphasis on military administrative prison, ending with a comprehensive jurisprudential framework. The methodological tools were bibliographic research with reinforcement of survey research with military police from Maranhão. Above all, it counts on the help of the latter, that is, the opinion, to corroborate the theses exposed with the conclusion exposing the classification of the law in constitutional or not