The applicability of the law of special courts to state military crimes

It is known that, due to an express prohibition contained in art. 90-A of Law 9,099 / 95, the decriminalizing institutes of Special Criminal Courts do not apply to crimes considered to be military. Regarding this fence, the present study aims to analyze the unconstitutionality of the fence and a possible affront to the constitutional principle of isonomy. In addition, important issues will be raised such as the objectives of creating Special Criminal Courts, the difference between proper and inappropriate military crime, in addition to citing doctrinal and jurisprudential references, all with the aim of, in the end, concluding about the situations which will be it is possible to apply the decriminalizing institutes of Law No. 9099/95 within the scope of the State Military Justice.