Uso de drogas ilícitas em unidades militares: Implicações jurídico-penais

Abstract

This paper aims to study the legal and criminal implications of drug use in a place subject to the administration of the Armed Forces (Army, Navy and Air Force). It aims to reflect on the peculiarities of the Castro world and, based on the change presented by Law 13.491 / 2017, on a possible conflict of norms, notably Article 28 of the Toxic Law (11.343 / 2006) and Article 290 of the Code Military Penalty. The objects of this investigation are: the historical evolution of Military Justice; the military criminal law; the armed forces; peculiarities of military life; the principles of militarism and, finally, the use of drugs in military units and their legal implications. The discussion is extremely relevant because the crimes associated with narcotic substances occupy a prominent place, from a quantitative perspective, in the list of crimes judged by the Military Justice in all military audits established throughout the Brazilian territory.