THE SPECIAL PRISON OF THE MILITARY POLICE OFFICER: LITERATURE REVIEW ON MAINTENANCE AFTER THE FINAL AND UNAPPEALABLE CRIMINAL SENTENCE

Abstract

The special prison of the military is an institute existing in the Code of Military Criminal Procedure, with the purpose of ensuring security and physical integrity, a guarantee to this special class. The scope of this work is to bring the most relevant considerations about the institute of special prison of military police officers in our country and its maintenance even after the supervenience of the final criminal conviction, specifically to the military police officer. Thus, through a literature review, it seeks to briefly present the concepts, theories, in addition to the legal, doctrinal and jurisprudential aspects related to special prison in Brazil. It is concluded that there is a legal gap. Thus, there is a need for legislative change so that the constitutional guarantee of security can be implemented, through the amendment of the Military Penal Code, in order to ensure that this agent is not placed in civilian prisons after a final sentence, with a view to guaranteeing his physical and psychological safety, or even that he is not "sentenced to death".