THE IMPLICATIONS OF THE TJPR DECISION IN ADI No. 0126592-34.2024.8.16.0000 FOR THE ACTIVITY OF THE MILITARY JUDICIAL POLICE

Abstract

This article analyzes the implications of the decision of the Court of Justice of the State of Paraná in ADI No. 0126592-3434.2024.8.16.0000, for the Military Judicial Police activity within the scope of the PMPR. It analyzes the court decisi, its impact, developments and points of controversy. The specific objectives are: (i) to analyze the historical context of legislative changes on the subject; (ii) to verify the position of the higher courts on the subject; (iii) to verify the specific points of the controversies and reflect on possible solutions for pacification on the subject and (iv) to analyze the practical implications of the aforementioned decision in the activity of military judicial police. The methodology used is explanatory, documentary tchnique and qualitative analysis of doctrines and jurisprudence. The results indicated that the controversy resolves around the legal authority to investigate intentional crimes against life committed by military police officers. As a solution, it was suggested that the STF should issue a ruling in ADI 4164 and that Congress should issue a law clearly defines the responsibility for the investigation. As practical implications for the PMPR, questions arise arising from the direct action of unconstitutionality, such as: the possibility of the Commander initiating an IPM in armed confrontations; the authority responsible for seizing weapons (CPU or Delegate); the legitimacy for precautionary measures in cases of flagrant offenses; and the observance, by the Delegate, of the prerogatives provided for in art. 16-A of the CPPM when hearing state military personnel.