Crime of undue publication or criticism and the rights of freedom of expression and free expression of thought

Freedom of expression and the free expression of thought are dear human rights and are provided for in the Federal Constitution of 1988 and other legislation. The crime of criticism or undue publication (article 166 of the Military Penal Code - CPM), which is in full effect, has been increasingly imputed to the military in the context of social networks. Thus, this article will analyze the conflict between the crime of undue publication or criticism and the rights of freedom of expression and free expression of thought. We will expose the clashes between the right provided for in the Constitution, the highest standard of our legal system, and the crime provided for in the CPM.