The Military Disciplinary System and Procedural Guarantees, according to the standards of the Inter-American Human Rights System

Construction of a theoretical framework according to Human Rights (Second Delivery - Heading for a new model of Military Disciplinary Law-

Abstract

The Military Disciplinary Law, emerged from the validity of Law No. 26,394, constituted a complete paradigm shift, with respect to the military justice administration service that prevailed for more than fifty years under the Code of Military Justice (Law No. 14.029). Thus, adapting the military discipline system, according to the guidelines and standards of human rights, particularly in terms of procedural guarantees, is not only an undeniable reality, but an obligation of the specialized agencies dependent on the Defense jurisdiction. This article constitutes the second installment of the timely proposal, that is, the construction of a theoretical model of the Military Disciplinary System, in accordance with Human Rights, which contributes to the process of democratization of the Armed Forces.