THE ADMINISTRATIVE EFFECTS OF THE CRIME OF DESERTION: FROM ACQUITTAL TO ABSENCE OF OFFERING/RECEIVING THE COMPLAINT

Abstract

The crime of desertion presents several nuances little debated by doctrine and jurisprudence, especially regarding the reinclusion of the non-stable square or special square after the crime has been consummated. In some states of the federation, the legal gaps are regulated by local laws, however, in the case of the State of Paraná, there is no specific legislation that deals with the subject, leading us to apply the Code of Military Criminal Procedure and interpret according to the best doctrine and jurisprudence any hypotheses not expressly covered by the legal diploma. Thus, the present study aims to understand the functioning of the crime of desertion, with regard to the effects radiated in the administrative sphere, as well as the consequences that arise from the subsequent acquittal and the absence of the offer or receipt of the complaint. To this end, it will be used the bibliographical research, encompassing the doctrine and jurisprudence on the subject, so that, in a systematic way, solutions to the legal gaps are presented. It will be verified that depending on the hypotheses of acquittal and non-offering or receiving of the complaint, there will be a practical consequence in the administrative sphere, notably because the crime of desertion has administrative-procedural effects, that is, of an evident hybrid nature, distancing itself from the other more usual hypotheses radiated by the other crimes. Also, in order to be able to understand the effects that acquittal and the non-offering or receiving of the complaint cause.