Transgressões disciplinares: ilegais ou inconstitucionais?

Abstract

This monograph has as its theme, Disciplinary Violations: Illegal or unconstitutional? The division of this paper is as follows: The first chapter expounds on the military profession, with its own characteristics of a particular activity, such as placing the rigid precepts of hierarchy and discipline, the basic principles of military career, called the basic pillars of a military establishment, military and constitutional concepts, since the second chapter sets out with their disciplinary differences between other types of penalties, a brief history on the penalties military, military administrative disciplinary proceedings by checking the details of disciplinary punishments, to apply the same and appeals in accordance with the disciplinary regulations prescribe, the third chapter finally presents the points in favor of legality and illegality of disciplinary transgressions, the use of the writ habeas corpus and writ of mandamus in relation to the disciplinary transgressions, the unconstitutionality of the regulations disciplinary force in the country, presented through constitutional concepts, doctrine, and tried in courts.