Poder disciplinar militar: uma análise do poder discricionário da autoridade militar em face da (in)constitucionalidade do regulamento disciplinar do exército

Abstract

This research analyzes the legal nature of Decree 4,346/2002, which instituted the Disciplinary Regulations of the Army, since it runs counter to a private constitutional competence of the National Congress, since it expressly provides for situations, such as detention and disciplinary imprisonment, in which the fundamental right of freedom is restricted, as well as, more specifically, addresses the legislative process that originated it, and whether there was unconstitutionality due to formal vice. It also analyzes the main jurisprudential understandings about this controversy, in order to verify objective parameters of the coercive military authority's discretionary power before applying measures that restrict the freedom of subordinates in order to preserve the hierarchy and discipline that are the pillars of military life.