Habeas corpus denied in military trial of civilian

The Superior Military Court of Brazil has denied a writ of habeas corpus to a civilian facing trial in military court. He was arrested by the military for refusing to stop his motorcycle when directed by soldiers to do so and for using offensive language towards them. Ambito Juridico has the details here.

. . . Minister Artur Vidigal de Oliveira denied the petition. For him, the role played by the military at that time was legitimate because the role of the Armed Forces in guaranteeing law and order in the Maré Complex is backed by the agreement signed in March of this year between the federal and Rio de Janeiro state governments.

According to the minister, security in general is a democratic right legitimately desired by all social sectors and is now a fundamental right of citizenship, a constitutional obligation of the state, and everyone's responsibility. He adds that the list of bodies primarily responsible for public safety (the Federal Police, Federal Highway Police, Federal Railway Police, Civil Police, Military Police and Military Firefighters Corps) is not exhaustive, since responsibility for security is constitutionally spread across all segments of society.

"The mission of the Armed Forces, although primarily the defense of the Fatherland - external security - also extends to joint responsibility for ensuring public order - internal security," he argues.

The minister said that Article 124 of the Federal Constitution establishes the competence of the Military Justice system for military crimes defined by law and that art. 9 of Decree Law No. 1001 of October 21, 1969 (the Military Penal Code) presents an exhaustive list of circumstances in which, in time of peace, a criminal offense must be considered military in nature.

The other ministers concurred and maintained the normal procedure of prosecution within the responsibility of the Military Justice system. [Rough Google translation.]

Editor's note: This decision may be consistent with Brazilian law (others may wish to comment), but it does not comport with international standards, which strongly disfavor trial of civilians by military courts.