The principle of insignificance and its application to article 290 of the Military Penal Code

Abstract

The present work aims to analyze the application of the principle of insignificance in military criminal law, especially in cases of crimes of use and possession of narcotics in places subject to military administration, provided for in Article 290 of the Military Penal Code. The approach will refer to the concept of military crimes, the pillars based on hierarchy and discipline, and at the end will discuss the existing doctrinal divergences about the possibility or not of applying the principle of taint in the Military sphere, as well as the understanding of the Superior Courts on the subject, especially the jurisprudence of the Superior Military Court and the Supreme Federal Court.