Aplicabilidade das penas alternativas na Justiça Penal Militar em face dos crimes militares impróprios e por extensão ou arrastamento

Abstract

The State's right to punish in Brazil is legitimized by the Political Charter that gives the State the power to use force, in favor of the pacification of social life and the reprimand of criminal offenses. The punishment applied is provided for in formal and strict criminal law, with the constitutional text summarizing the basic principles for the application of the penalty, imposing limits on the State's punitive actions. In this scenario that discusses the application of penalties, the present scientific work aims to analyze the legal possibility of using alternative penalties in Military Justice in the face of inappropriate crimes and by extension or dragging. The scientific method for the investigation phase was Inductive, with the research technique being bibliographic, seeking to collect data on the relevant legislation, doctrine and jurisprudence related to the topic. The work is eminently qualitative and addresses the understanding of Castro Justice and compares the understanding established by the STM with the principle of human dignity. Questions are raised about the legitimacy and adequacy of using prison as a rule for infractions of small and medium offensive potential in light of the constitutional principle. It is concluded that alternative penalties are presented as an adequate legal instrument to fulfill the declared purposes of the penalty, in the Brazilian penal system, and a reorganization of the punitive system is proposed, conforming it with constitutional principles, so that criminal alternatives pass to be the rule and prison the exception, in Military Justice.