103:, carried out by the military police, have resulted in many police killings of young men in these neighborhoods. "The existence in Brazil of two different court systemsâone civil and the other militaryâwith varying legal proceedings and sentences for similar crimes committed by civilian police and military police", wrote Jorge Zaverucha in 2022, constituted a "violation of the basic principle of equality before the law."
78:"Brazilian security forces have been repeatedly accused of systematic violations of human rights and of the existence of a system which guarantees the impunity of these violations. The Commission believes that there is indeed a history of abusive practices by the police..." wrote the inter-American Commission on Human Rights of the
49:
organized the nation's first court, the
Supreme Military and Justice Council, which later became the Superior Military Court (STM), currently headquartered in BrasĂlia with jurisdiction nationwide. The current Military Penal Code (CPM) passed in 1969 under the military dictatorship that took power in
162:
New scholars have dedicated themselves to military criminal law, among them, Jorge CĂ©sar de Assis, Adriano Alves-Marreiros, Guilherme Rocha, Ricardo
Freitas, Ronaldo JoĂŁo Roth, Paulo Tadeu Rodrigues Rosa, Robson Coimbra, Lauro Escobar, James MagalhĂŁes and Leandro Antunes, who have contributed to the
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of 28 August 1979 gave amnesty to everyone accused of committing political crimes during the dictatorship period, both political dissidents and military personnel, and in many respects amounted to "a form of self-amnesty for those involved in the repressive actions that took place during the
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named 377 state agents of whom almost 200 of them were still alive, in hundreds of cases of torture, killings, and enforced disappearance under the military dictatorship. President Jair
Bolsonaro opposed the creation of the commission when he was a congressman and called the late torturer
28:
Given the prevalence of military police in state-level law enforcement, human rights agencies have expressed concern that police impunity is in part responsible for jaw-dropping numbers of police homicides. Brazilian police killed more thanâŻ6,400âŻpeople in 2022, according to
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modified
Article 9 of the Military Criminal Code and expanded the jurisdiction of military courts to investigate actions ordered by the President of the Republic or the Ministry of State for Defence, and with respect to the security of military institutions.
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and article 149 of the
Brazilian Military Penal Code. While theoretically the military police are responsible to the governor of each states, illegal labor strikes have been used by the military police against a governor, usually resulting in more crime.
132:
284:
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Military personnel do not have the right to strike, due to the fact that they carry weapons and a work stoppage could harm public order and the democratic rule of law, so technically this amounts to mutiny. according to article 142, item IV of the
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committed at the order of the
Brazilian executive. Critics say that cases transferred to these courts often languish, and note that nobody has ever suffered a penalty for any of the killings and disappearances of that period.
352:[Strike or riot? To prevent the unwary from showing solidarity with what they are not, it is necessary to clarify that the military does not go on strike, but rather mutinies] (in Portuguese). Migalhas.
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in Brazil carry out routine law enforcement duties at the state level and are responsible for keeping public order. Recent law-and-order crackdowns in the
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350:"Greve ou motim?: Para evitar que o incauto seja solidĂĄrio com o que nĂŁo Ă©, Ă© preciso esclarecer que militar nĂŁo faz greve, mas sim se amotina"
255:"REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL: CHAPTER III: POLICE VIOLENCE, IMPUNITY, AND EXCLUSIVE MILITARY JURISDICTION FOR THE POLICE"
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54:, covers members of the armed forces, military police and military fire brigades, who must obey and respect military rules. The current
332:"To: Office of the UN High Commissioner for Human Rights (OHCHR) Special Procedures Branch: Submission of the Government of Brazil"
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316:
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The
Brazilian military code imposes harsh penalties on members of the military who speak out, according to Human Rights Watch.
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317:"No Justice for Horrors of Brazil's Military Dictatorship 50 Years On: President-Elect Jair Bolsonaro Defends Military Regime"
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299:"LEI NÂș 13.491, DE 13 DE OUTUBRO DE 2017: Altera o Decreto-Lei nÂș 1.001, de 21 de outubro de 1969 - CĂłdigo Penal Militar"
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dictatorship." No member of the military has been held responsible for crimes committed under the military dictatorship.
193:"Brazil: Inquiry in Police Killings Falls Short: Authorities Should Ensure Accountability, Prevent 'Revenge Operations'"
239:
Luiz
Claudio Ferreira (March 2024). "A New World for Brazilian Military. They Are Being Prosecuted and Arrested".
192:
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90:
21:
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285:"Military Justice in the State of Pernambuco After the Brazilian Military Regime: An Authoritarian Legacy"
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in the 1960s created military courts to try certain crimes committed by military personnel, in particular
226:"Modern Latin America, 8th Edition Companion Website: Amnesty, Amnesia, and Moral Reparations in Brazil"
63:
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257:. Organization of American States Inter-American Commission on Human Rights. 29 September 1997.
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395:"Brazil: Brazilian President Signs Decree Authorizing Use of Armed Forces in Amazon Region"
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100:
133:
International
Convention for the Protection of All Persons from Enforced Disappearance
408:
68:
209:
PresidĂȘncia da RepĂșblica
Subchefia para Assuntos JurĂdicos (29 October 1969).
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STUENKEL, OLIVER (Spring 2023). "Can Lula Rein In Brazil's Military?".
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211:"DECRETO-LEI NÂș 1.001, DE 21 DE OUTUBRO DE 1969: CĂłdigo Penal Militar"
135:, and passed legislation in consequence, Decree 8767 of May 11, 2016.
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Permanent Mission of Brazil to the United Nations (2 August 2023).
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construction of a theory of constitutional military criminal law.
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authorizing the use of the military to fight fires in the Amazon.
270:"Brazil on the Brazil on the 40th Anniversary of the Amnesty Law"
228:. Brown University Library Center for Digital Scholarship.
380:"Brazil: Military Police Punished for Speaking Out"
106:Law No. 13.491/17 adopted in 2017 by the Brazilian
41:Military criminal law in Brazil dates back to the
213:[Decree-Law No. 1001 of 21 October 1969].
16:The military criminal code instituted under the
8:
243:(15244997) – via MasterFILE Complete.
157:Decreto No. 9,985, de 24 de Agosto de 2019
204:
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301:. CĂąmara dos Deputados. 13 October 2017.
397:. Washington D.C.: Library of Congress.
348:Almir Pazzianotto Pinto (14 May 2024).
310:
308:
184:
367:(248) – via MasterFILE Complete.
315:Wilkinson, Daniel (13 December 2018).
195:. Human Rights Watch. 7 November 2023.
393:Soares, Eduardo (19 September 2019).
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382:. Human Rights Watch. 8 March 2017.
283:Zaverucha, Jorge (5 October 2022).
155:On 23 August 2019 Bolsonaro signed
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272:. Opendemocracy. 29 April 2019.
259:OEA/Ser.L/V/II.97 Doc. 29 rev.1
80:Organization of American States
18:military dictatorship in Brazil
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287:. Cambridge University Press.
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425:Police brutality in Brazil
52:1964 Brazilian coup d'Ă©tat
121:National Truth Commission
47:Brazilian imperial family
22:crimes against humanity
420:Human rights in Brazil
173:Constitution of Brazil
141:Constitution of Brazil
126:Carlos Brilhante Ustra
56:Constitution of Brazil
319:. Human Rights Watch.
108:Chamber of Deputies
131:Brazil signed the
58:dates from 1988.
31:Human Rights Watch
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409:Categories
179:References
128:a âhero.â
337:. Geneva.
82:in 1997.
167:See also
241:Brazzil
96:favelas
37:History
45:. The
335:(PDF)
151:Other
86:Scope
71:]
119:The
61:The
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307:^
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69:pt
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