Tatiana Paula da Cruz, a doctoral candidate and Brazilian Air Force officer, writes
here on a recent case in which the Brazilian Supreme Military Tribunal (STM) upheld military court jurisdiction over an offense committed by an individual who was on active duty at the time of the crime but thereafter discharged. The military trial judge's decision that the case had to be tried in civilian court was reversed. The STM's decision was affirmed by the Supreme Court.
It is not unheard of for countries to retain court-martial jurisdiction over offenses committed on active duty for a stated period of time after the accused has been discharged. The United States Supreme Court found in United States ex rel. Toth v. Quarles, 350 U.S. 11 (1955), that doing so violates the U.S. Constitution.
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