Military justice in Portugal and Timor-Leste: summary of the professional activity report | 2017

Author(s) Nuno Filipe Tenreiro Ribeiro
Advisor(s) Isabel Celeste M. Fonseca and Ricardo Cunha
Year 2017

Synopsis The sense of military justice analyzed here only covers military discipline, because it is the only aspect of the military justice system in Timor-Leste, which prevents us from carrying out a comparative study with the portuguese legal system in the area of military criminal law, and because it was the exclusive work area developed by the student in his professional career. In the present work we researched the origins of the military disciplinary regulations of Portugal and Timor-Leste in order to understand how the military values of hierarchy and discipline in these regimes were essentially discharged, as well as the evolution of the disciplinary consequences resulting from the violation of these values according to the political and social moment. The disciplinary penalties involving deprivation of liberty represents the main specialty of military disciplinary regimes. However, the legal status of these disciplinary penalties in relation to the respective Constitutions, particularly in Timor- Leste, has forced us to bring the issue to this work. The comparative analysis of the procedural strand of military discipline of the two legal systems has become inevitable because it is this area that gives true meaning to this professional activity report. On the other hand, the fact that Timorese disciplinary law is derived from Portuguese disciplinary law has highlighted some conflicting points when considering Timorese reality. This allowed us to understand that disciplinary regime to be truly effective it must represent the cultural reality if it is to be adopted, otherwise it will never be embraced by the military. At the conclusion of this professional activity report, and in view of my professional and personal experience gained in Timor-Leste, we present the foundation for a new regulation of military disciplinary law for the Defense Force of Timor-Leste.

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2018-07-12T15:49:38+00:00