Attorney General demonstrates ineffectiveness of alternative military service for young people who claim to be barred from serving

" Attorney General demonstrates ineffectiveness of alternative military service for young people who claim to be barred from serving

December 4th, 2013 at 15:10

The Solicitor- General (AGU ) obtained in the Superior Court of Justice ( STJ ) , a favorable decision to exclude the implementation of alternative military service for young people who claim to be unable to serve because of philosophical , political or religious order, call excuse of consciousness .

It was filed by the Federal Public Ministry ( MPF ) and Military Public Ministry ( MPM ) in the 2nd Federal Court of subsection Santa Maria / RS . The plea raised was that even ensured in the Constitution , there was no offer of alternative military service in the country , the Union shall be required to deploy it and reserve 30 % of the advertising budget of the Armed Forces to publicize the existence of this right to young .

The trial court decided the merits of the action, and the Federal Regional Court of the 4th Circuit upheld the judgment . However , the Attorney General filed a special motion in the Superior Court of Justice ( STJ ) , in which an injunction reversing the decision .

At the trial on the merits , the Attorney - Regional 4th Region Union ( PRU4 ) argued , in summary , that the financial impact of the decision of TRF4 bring problems to the Ministry of Defence , to the extent that would require any restructuring of the annual program of military service through agreements with public bodies .

After oral argument of the Attorney General, 1st Class of the STJ decided that it was not reasonable to implement and compulsory alternative service , taking into account that 0.01 % of all listed states the excuse of consciousness . Moreover , the judges stressed that such service is in the discretion of the Directors , as regulated by law , the judiciary can not interfere with this assignment. The vote in favor of the appeal of the AGU was unanimous .

Along with PRU4 , acted in the case of the Attorney - Sectional Union in Santa Maria , the Department of Civil Affairs and Military Personnel , units of the Attorney General of the Union ( PGU ) , and General Counsel of the Defense Ministry , which is unity Consultancy -General (CGU ) . PGU and CGU are organs of the AGU .

In accordance with paragraphs 2 and 3 of Law No. 8.239/1991 , alternative military service includes administrative , healthcare , philanthropic or even productive character , replacing the essentially military activities , which is provided in military organizations , training institutions of activities reservation of the Armed Forces or an organ subordinate to civilian ministries , through agreements with military units . "

Ref : Civil Action No. 2008.71.02.000356-3 - STJ .

Wilton Castro