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New law goes viral in military WhatsApp groups: officers and enlisted men (soldiers, corporals, sergeants and warrant officers) convicted of crimes against democracy could lose everything!
A new proposed law is causing quite a stir in military WhatsApp groups across Brazil. 264 / 2024 Bill, which drastically increases punishments for those who attack democracy, quickly went viral among officers and enlisted men, generating heated debates about the future of the Armed Forces.
The change in the law, which could result in the loss of full pensions and even the expulsion of enlisted personnel, promises to shake up the foundations of the military hierarchy, leaving many on alert. Find out now what is behind this controversial proposal and why it has become the most talked about topic among the military.
New law promises loss of full retirement for officers and enlisted men
A Bill under analysis by the Committee of Defense of Democracy (CDD) provides for the punishment of military personnel who are convicted of crimes against the democratic rule of law, automatically withdrawing the officers' full retirement pension. For enlisted personnel — soldiers, corporals, sergeants and warrant officers — the penalty is even more severe: expulsion from the Armed Forces, in addition to the end of their full retirement pension.
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Bill 264/2024, authored by Senator Veneziano Vital do Rêgo (MDB-PB), specifies that the exclusion of officers from military service cannot be established by ordinary law, requiring an amendment to the Constitution for such change.
The project, reported by Senator Soraya Thronicke (Podemos-MS), proposes changes to the Penal Code (Decree-Law 2.848, of 1940), adding a new paragraph to article 92.
Veneziano highlights that, due to the nature of the Armed Forces, “any military member who attacks national sovereignty or democratic institutions, including during the electoral process, or interferes in the functioning of essential services, already demonstrates, by the type of crime, his/her total incompatibility with military service”. lei
The senator also argues that “the loss of full service time should be a direct consequence of the criminal conviction.” He argues that “it makes no sense for military personnel, whose duty is to protect the democratic rule of law, to allow their dependents to benefit, often reverting funds to the offender himself.” lei
With the expulsion, the soldiers return to their civilian status, and the time of military service performed will be counted in the General Social Security Regime (RGPS).
Completeness
The Military Social Protection System (SPSMFA), established by Law 13.954 of 2019, guarantees military personnel of the Armed Forces (Army, Navy and Air Force), as well as state military police officers and firefighters, rights such as paid reserve and retirement, which function as a type of retirement. The difference is that, in the paid reserve, the military can still be called up to return to active duty under certain circumstances.
By law, military personnel are also entitled to full pay, which means that when they are transferred to the reserve, they continue to receive the same salary they had in their last position.
Hierarchy
The structure of the Armed Forces law divides its professionals into different ranks, based on the functions performed. Soldiers, corporals, sergeants and warrant officers make up the category of enlisted men, while lieutenants, captains, majors, lieutenant colonels and colonels are considered officers.
By law, enlisted personnel have mainly operational responsibilities, working directly in the fulfillment of missions and interacting with the population. Officers' main functions are management and leadership, focused on formulating strategies and administrative decisions.
The bill will be forwarded for a final vote at the Constitution and Justice Committee (CCJ)), before being forwarded for consideration to the Chamber of Deputies.
