FREEDOM OF EXPRESSION IN FRONT OF THE CRIME OF UNDUE PUBLICATION OR CRITICISM MILITARY POLICE OF MINAS GERAIS ON SOCIAL NETWORKS

Abstract

This article aimed to verify the constitutionality of the military crime of publication or undue criticism,
provided for in art. 166, of the Military Penal Code, against the freedom of expression and thought of the
military. To achieve the objective, the method used was bibliographical and documentary research and data
collection with the PMMG. For the development of the work, we sought to know the theories that deal with
constitutional principles, more precisely freedom of expression, hierarchy and discipline, as well as the
possibility of conflicts and limitations suffered by each of these principles. Thus, a valid legal path was
sought to balance the performance of each one of them and maintain the harmony of the legal system,
allowing the military police to fully use their right to freedom of expression, without, however,
incurring in acts that offend deliberate manner the hierarchy and discipline that are considered
the pillars of the Military Institutions. The study also evaluated the impact of this crime on the
Military Police of Minas Gerais, with the analysis of information from the Internal Affairs of the
Military Police, as well as some practical cases that better elucidated the theoretical content
initially presented. Thus, it was found that the crime highlighted lacks constitutionality.