MILITARY JUDICIAL POLICE PROCEDURES IN THE PMTO: ADJUSTMENTS TO THE CHANGES IN LAW NO. 13,491/2017 AS AN INSTRUMENT OF LEGAL CERTAINTY FOR THE OFFICERS OF THE CORPORATION

Abstract

The present study aimed to analyze the need to adapt the PJM procedures as an instrument of legal certainty, aiming to ensure effective action in the face of recent legislative changes, given the impacts of Law No. 13,491/2017 on the performance of the Military Judicial Police (PJM) of the Military Police of Tocantins (PMTO), especially in the context of the new attributions conferred on the Officers. The Federal Constitution of 1988 defines the competencies of the Military Justice and, with Law No. 13,491/2017, expanded the concept of military crime, integrating offenses provided for in common criminal legislation. This change brought additional challenges and responsibilities for Officers, especially in conducting Military Police Inquiries (IPMs). Failures persist in the procedures adopted by the Officers, such as the inadequate preservation of crime scenes and the lack of technical knowledge of the new attributions, resulting in questions that compromise the efficiency and institutional credibility. The qualitative research was based on bibliographic review, documentary analysis and triangulation of sources, addressing legislation, doctrines and judicial decisions. The expansion of the PJM's competences was identified, with the inclusion of "extravagant military crimes". Despite this, there was a low transfer of cases from the Common Justice to the Military Justice, reflecting a lack of legislative knowledge and procedural gaps. The technical strengthening of the Officers and the institutional adequacy are essential to consolidate the legislative changes. The correct establishment of IPMs, in line with current legislation, is essential to avoid the usurpation of competences and preserve the pillars of military hierarchy and discipline. The study reinforces the need for continuous training and procedural alignment to ensure legal certainty and the efficiency of military investigations.