The Senate approved on Tuesday (22/08) a project that excludes from the Military Penal Code a punishment, detention of two months to one year, foreseen for the military that publicly criticizes any resolution of the government. This penalty is maintained in case of criticism of the action of the commander or higher-ranking officer. The project, which changes legislation drawn up in 1969, a time when Brazil was living under a dictatorship, is now awaiting presidential approval.
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Drug Trafficking
The proposal increases to 15 years the maximum prison sentence for the crime of drug trafficking committed by military personnel and determines that common justice, not the military, will judge sexual crimes and domestic violence. Currently, the code provides for imprisonment of up to five years in case of possession or trafficking of drugs in barracks and places of military administration. According to the proposal, the penalty increases if the crime is committed during work hours.
Other Points
The proposal also extends to the military the application of the law of heinous crimes such as rape, aggravated homicide, robbery, among others. In addition, according to the bill, if the order of the superior has as its object the practice of a manifestly criminal act, or there is excess in the acts or in the form of execution, the hierarchical inferior is also punishable.
Source: G1
