BRIEF ANALYSIS OF THE REFLECTIONS OF THE LAW 13.491/17 IN THE GOIÁS STATE MILITARY JUSTICE

Abstract

From the advent of the law 13,491/17, the competence of the Military Justice to prosecute and judge many criminal types was expanded. In this context, this work aims to analyze the reflexes of the law 13.491/17, referring to the State Military Justice of the State of Goiás, considering the possible consequences in processes prior to this law, as in cases that occurred after the validity of the law. The methodology used was the documentary survey, which is the main support for this research, carried out through consultation of legislation, books and scientific articles related to the subject studied. Specifically, consultation was carried out on the website of the Court of Justice of the State of Goiás, to access the decisions of the judges of criminal courts and the judgment of the Military Audit of the State of Goiás. The case studies presented demonstrated the procedural effect that the law 13,491/17 had on the competence to judge actions involving crimes committed by state military, in the extinction of punishment for the prescription of the crime of abuse of authority, according to the previous law, decreed by the Judge of Audit, and that the guidance contained in Technical Note 01/2018 MPGO was observed in both directions (constitutionality or not of the law 13.491/17) by members of the Public Ministry of the State of Goiás. The theme State Military Justice proves to be relevant, and it is necessary to continue the study, since the state military agents are the largest class of Public Security agents, in addition to being the ones who must ensure the guarantee of Fundamental Rights.