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New Law Goes Viral in WhatsApp Groups of Military: Officers and Enlisted (Soldiers, Corporals, Sergeants, and Warrant Officers) Convicted of Crimes Against Democracy Risk Losing Everything!
A new proposed law is causing a real stir in WhatsApp groups of military personnel across Brazil. The Bill 264/2024, which drastically increases the penalties for those who threaten democracy, has quickly gone viral among officers and enlisted personnel, sparking heated debates about the future of military members in the Armed Forces.
The change in the law, which could result in the loss of full retirement benefits and even expulsion from the ranks for enlisted personnel, promises to shake the foundations of military hierarchy, leaving many on high alert. Understand now what is behind this controversial proposal and why it has become the most discussed topic among military members.
New Law Promises Loss of Full Retirement for Officers and Enlisted Personnel
A bill currently under review by the Commission of Defense of Democracy (CDD) provides for the punishment of military personnel who are convicted of crimes against the democratic state, automatically revoking full retirement benefits for officers. For enlisted personnel—soldiers, corporals, sergeants, and warrant officers—the penalty is even harsher: expulsion from the Armed Forces in addition to the loss of full benefits.
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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 a constitutional amendment for such a change.
The bill, reported by Senator Soraya Thronicke (Podemos-MS), proposes amendments to the Penal Code (Decree-Law 2.848, of 1940), adding a new paragraph to Article 92.
Veneziano emphasizes that, given the nature of the Armed Forces, “any military member who threatens national sovereignty or democratic institutions, including during the electoral process, or interferes with the functioning of essential services, demonstrates, by the type of crime, their total incompatibility with military service.” law
The senator further argues that “the loss of full service time should be a direct consequence of the criminal conviction.” He contends that “it makes no sense for a military member, whose duty is to protect the democratic state, to allow their dependents to benefit, often returning values to the offender themselves.” law
With expulsion, enlisted personnel return to civilian status, and their time of military service will be accounted for in the General Social Security Regime (RGPS).
Full Retirement
The Military Social Protection System (SPSMFA), established by Law 13.954, of 2019, guarantees military personnel from the Armed Forces (Army, Navy, and Air Force), as well as state military police and firefighters, rights such as paid reserve and retirement, which function as a type of pension. The difference is that, in paid reserve, the military can still be called back to active duty under certain circumstances.
By law, military personnel also have the right to full retirement, meaning that when transferred to reserve status, they continue to receive the same salary they had at their last position held.
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 comprise the enlisted category, while lieutenants, captains, majors, lieutenant colonels, and colonels are considered officers.
Enlisted personnel have responsibilities primarily operational by law, directly participating in the execution of missions and interacting with the population. Officers, on the other hand, have primary functions in management and leadership, focusing on strategy formulation and administrative decisions.
The bill will be forwarded for a final vote in the Commission on Constitution and Justice (CCJ) before being submitted for consideration in the Chamber of Deputies.
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