Military Status

Military Status

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Provides for the Military Status.

 

Preamble

THE PRESIDENT OF THE REPUBLIC, I convey that the National Congress decrees and I sanction the following Law:

 

Title I – General

Chapter I – Preliminary Provisions

Article 1

The present Statute regulates the situation, obligations, duties, rights and prerogatives of the members of the Armed Forces.

Article 2

The Armed Forces, essential to the execution of the national security policy, are constituted by the Navy, the Army and the Air Force, and are intended to defend the Fatherland and guarantee the constituted powers, law and order. They are national institutions, permanent and regular, organized based on hierarchy and discipline, under the supreme authority of the President of the Republic and within the limits of the law.

Article 3

The members of the Armed Forces, due to their constitutional destination, form a special category of civil servants of the Fatherland and are called military.
§ 1 ° The military are in one of the following situations:
a) on active duty:
I – career personnel ;
II – those incorporated into the Armed Forces to provide initial military service, during the periods provided for in the legislation dealing with military service, or during the extensions of those periods;
III – the components of the Armed Forces reserve when called, reincluded, designated or mobilized;
IV – students of military training bodies of active and reserve personnel; and
V – in time of war, every Brazilian citizen mobilized for active service in the Armed Forces.
b) inactivity:
I – those in the remunerated reserve, when they belong to the Armed Forces reserve and perceive the Union’s remuneration, however, still subject to the provision of active service, upon call or mobilization; and
II – retired people, when, having gone through one of the previous situations, they are definitively exempted from providing active service, but continue to perceive the Union’s remuneration.
III – those from the remunerated reserve, performing tasks for a certain time, according to regulations for each Armed Force. (Included by Law No. 8,297, of 1991)
lll – those from the paid reserve, and, exceptionally, the retired, performed a task for a certain time, according to the regulation for each Armed Force. (Wording given by Law nº 9.442, of March 14, 1997) (See Decree nº 4.307, of 2002)
§ 2º The career military are the active ones who, in the voluntary and permanent performance of the military service, have assured or presumed vitality.

Article 4

Armed Forces reserves are considered:
I – individually:
a) the paid reserve soldiers; and
b) other citizens in conditions of call or mobilization for active duty.
II – as a whole:
a) the Military Police; and
b) Military Fire Brigades.
§ 1 ° The Merchant Navy, Civil Aviation and the companies declared directly devoted to the main purposes of the Armed Forces, called the mobilization and employment effects activity, reserve of the Armed Forces.
§ 2 The personnel of the Merchant Marine, Civil Aviation and companies declared directly related to national security, as well as other citizens in conditions of call or mobilization for active duty, will only be considered military when called or mobilized for service in the Armed forces.

Article 5

The military career is characterized by continued activity and entirely devoted to the primary purposes of the Armed Forces, called military activity.
§ 1 The military career is private to active personnel, begins with joining the Armed Forces and obeys the various sequences of hierarchical degrees.
§ 2º The careers of officers of the Navy, the Army and the Air Force are exclusive to native Brazilians.

Article 6

The terms “on active duty”, “on active duty”, “on active duty”, “on duty on duty”, “on duty”, “on duty” or “in military activity”, given to the military in office , commission, charge, assignment or mission, service or military activity or considered to be of a military nature, in the military organizations of the Armed Forces, as well as in the Presidency of the Republic, in the Vice-Presidency of the Republic and in other bodies when provided by law, or when incorporated into the Armed Forces.

The terms “on active duty”, “on active duty”, “on active duty”, “on duty on duty”, “on duty”, “on duty” or “in military activity”, given to the military in office , commission, charge, assignment or mission, service or military activity or considered to be of a military nature in the military organizations of the Armed Forces, as well as in the Presidency of the Republic, in the Vice-Presidency of the Republic, in the Ministry of Defense and in other bodies when provided for in law, or when incorporated into the Armed Forces. (Wording given by Provisional Measure No. 2,215-10, dated 8/31/2001)

Article 7

The military’s legal status is defined by the provisions of the Constitution that apply to them, by this Statute and by legislation, which grant them rights and prerogatives and impose duties and obligations.

Article 8

The provisions of these Bylaws apply, as applicable:
I – to the paid reserve and retired military personnel;
II – to students of the reserve’s training body;
III – members of the Military Magisterium; and
IV – Military Chaplains.

Article 9

General officers appointed Ministers of the Superior Military Court, members of the Military Magisterium and Military Chaplains are governed by specific legislation.

Chapter II – Entry into the Armed Forces

Article 10

Entry into the Armed Forces is allowed, by incorporation, registration or appointment, to all Brazilians who meet the requirements established by law and regulations of the Navy, Army and Air Force.
§ 1 When there is convenience for the service of any of the Armed Forces, the Brazilian possessing recognized technical-professional competence or notorious scientific culture may, upon his acquiescence and proposal by the interested Force Minister, be included in the Reserve Boards or Bodies and summoned to active duty on a transitional basis.
§ 2 The inclusion in the terms of the previous paragraph will be made in a hierarchical degree compatible with your age, civil activities and responsibilities that will be attributed to you, under the conditions regulated by the Executive Power.

Article 11

For enrollment in military education establishments for the training of officers, active duty and reserve, and graduates, in addition to the conditions relating to nationality, age, intellectual aptitude, physical capacity and moral aptitude, it is necessary that the candidate does not exercise or not has engaged in activities that are harmful or dangerous to national security.
Single paragraph. The provisions of this article and the previous one also apply to candidates for admission to the Bodies or Officers’ Boards in which the diploma of higher education establishment recognized by the Federal Government is required.

Article 12

Convocation in peacetime is regulated by legislation dealing with military service.
§ 1 ° In peacetime and regardless of summons, reserve members may be assigned to active service, on a transitional basis and upon voluntary acceptance.
§ 2 The provisions of the previous paragraph will be regulated by the Executive Branch.

Article 13

Mobilization is regulated by specific legislation.
Single paragraph. The incorporation of federal deputies and senators to the Armed Forces, although military and even in times of war, will depend on a license from the respective Chamber.

Chapter III – Military Hierarchy and Discipline

Article 14

Hierarchy and discipline are the institutional basis of the Armed Forces. Authority and responsibility grow with the hierarchical level.
§ 1 The military hierarchy is the ordering of authority, at different levels, within the structure of the Armed Forces. The ordering is done by rank or rank; within the same rank or rank it is done by seniority at the rank or rank. Respect for hierarchy is embodied in the spirit of respecting the sequence of authority.
§ 2 Discipline is the strict observance and full compliance with the laws, regulations, norms and provisions that underpin the military organism and coordinate its regular and harmonious functioning, resulting in the perfect fulfillment of the duty by each and every one of the components that organism.
§ 3 The discipline and respect for the hierarchy must be maintained in all circumstances of life among active duty, paid reserve and retired military personnel.

Article 15

Hierarchical circles are areas of coexistence among military personnel of the same category and are intended to develop the spirit of camaraderie, in an environment of esteem and trust, without prejudice to mutual respect.

Article 16

The hierarchical circles and the hierarchical scale in the Armed Forces, as well as the correspondence between the positions, the ranks of the Navy, the Army and the Air Force, are fixed in the following paragraphs and in the attached Table.
§ 1 ° Rank is the hierarchical rank of the official, conferred by an act of the President of the Republic or the Minister of Singular Force and confirmed in a Charter.
§ 2 The posts of Almirante, Marechal and Marechal-do-Ar will only be provided in times of war.
§ 3 Graduation is the hierarchical degree of the square, conferred by the competent military authority.
§ 4 The Navy Guards, the Aspirants-the-Officer and the students of specific military training bodies are called special squares.
§ 5 The initial and final hierarchical degrees of the various Bodies, Tables, Weapons, Services, Specialties or Sub-specialties are fixed, separately, for each case, in the Navy, in the Army and in the Air Force.
§ 6 The Navy, Army and Air Force military personnel, whose hierarchical degrees have a common name, will add to them, when deemed necessary, the indication of the respective Body, Staff, Weapon or Service and, if necessary, the Armed Force to which they belong. belong, according to the regulations or standards in force.
§ 7 Whenever the military of the paid reserve or retired uses the post or graduation, he must do so with the respective abbreviations of his situation.

Article 17

The precedence among active military personnel of the same hierarchical degree, or correspondent, is ensured by seniority in the rank or rank, except in cases of functional precedence established by law.
§ 1 The seniority in each post or graduation is counted from the date of signature of the act of the respective promotion, appointment, declaration or incorporation, except when another date is strictly fixed.
§ 2 In the case of the previous paragraph, if there is a tie, seniority will be established:
a) between soldiers of the same Corps, Staff, Weapon or Service, by the position in the respective numerical scales or records existing in each Force;
b) in other cases, due to seniority in the previous post or graduation; if, even so, equality persists, the previous hierarchical degrees, the square date and the birth date will be used successively to define the origin, and in the latter case, the oldest will be considered the most old;
c) if there is more than one square date, including another Singular Force, the seniority of the military with the longest effective service in the previous square or in the previous squares prevails; and
d) among students of the same military training body, according to the regulations of the respective body, if they are not specifically classified in letters a, b and c.
Paragraph 3. In the same rank or rank, active military personnel take precedence over inactive ones.
Paragraph 4. In equality of rank or rank, the precedence between active military personnel and those in paid or unpaid reserves, who are called, is defined by the length of effective service in the rank or rank.

Article 18

In special legislation, it will be regulated:
I – the precedence between military and civilians, in diplomatic missions, or in commission in the country or abroad; and
II – precedence in official ceremonies.

Article 19

The precedence between the special squares and the other squares is regulated as follows:
I – the Navy Guards and the Aspirants-the-Officer are hierarchically superior to the other squares;
II – the Aspirants, students of the Naval School, and the Cadets, students of the Military Academy of Agulhas Negras and the Academy of the Air Force, as well as students of the School of Specialized Aeronautics Officers, are hierarchically superior to noncommissioned officers and deputies;
III – the students of the Preparatory School for Cadets and the Naval College take precedence over the Sergeants, to whom they are compared;
IV – students of the reserve officers’ training bodies, when in uniform, take precedence over the Cabos, to which they are equated; and
V – Cabos take precedence over students from schools or sergeant training centers, who are equated with them, respecting, in the case of military personnel, their relative seniority.

Chapter IV – Military Position and Function

Article 20

Military position is a set of duties, duties and responsibilities committed to a military officer on active duty.
§ 1 The military position, referred to in this article, is what is specified in the Armed Forces Staffing or Staffing Tables or provided for, characterized or defined as such in other legal provisions.
§ 2 The obligations inherent to the military position must be compatible with the corresponding hierarchical level and defined in specific legislation or regulation.

Article 21

Military positions are provided with personnel who meet the requirements of rank and qualification required for their performance.
Single paragraph. The filling of a military position will be done by act of appointment or express determination of the competent authority.

Article 22

The military position is considered vacant from its creation and until a military man takes office, or from the moment the military man exonerated, or who has received express determination from the competent authority, leaves him and until another military man takes office in accordance with the provision rules provided for in the sole paragraph of the previous article.
Single paragraph. Military positions whose occupants have:
a) died;
b) been considered lost;
c) prisoners were taken; and
d) been considered deserters.

Article 23

Military function is the exercise of the obligations inherent to the military position.

Article 24

Within the same military organization, the sequence of substitutions to assume office or answer for functions, as well as the norms, attributions and relative responsibilities, are those established in the specific legislation or regulation, respecting the precedence and qualification required for the position or position. exercise of function.

Article 25

The military officer occupying a position provided on an effective or interim basis, in accordance with the sole paragraph of Article 21, is entitled to the rights corresponding to the position, as provided for in legal provisions.

Article 26

Obligations that, by generality, peculiarity, duration, size or nature, are not cataloged as positions titled in “Staff List”, “Organization Chart”, “Stocking Table” or legal provision, are fulfilled as a charge, charge, commission, service or activity, military or military in nature.
Single paragraph. As applicable, a charge, commission, commission, service or activity, military or military, the provisions of this Chapter for military office.

Title II – Military Obligations and Duties

Chapter I – Military Obligations

Section I – Military Value

Article 27

Essential manifestations of military value are:
I – patriotism, translated by the unwavering will to fulfill military duty and by the solemn oath of fidelity to the Fatherland even with the sacrifice of one’s own life;
II – civism and the cult of historical traditions;
III – faith in the high mission of the Armed Forces;
IV – the spirit of body, pride of the military for the organization he serves;
V – the love for the profession of arms and the enthusiasm with which it is exercised; and
VI – technical and professional improvement.

Section II – Military Ethics

Article 28

The feeling of duty, the military strength and decorum of the class impose irreproachable moral and professional conduct on each of the members of the Armed Forces, with the observance of the following precepts of military ethics:
I – loving the truth and responsibility as a foundation personal dignity;
II – exercise, with authority, efficiency and probity, the functions that may be assigned as a result of the position;
III – respect the dignity of the human person;
IV – comply with and enforce the laws, regulations, instructions and orders of the competent authorities;
V – be fair and impartial in the judgment of the acts and in the assessment of the subordinates’ merits;
VI – ensure the proper preparation, moral, intellectual and physical and also that of subordinates, with a view to fulfilling the common mission;
VII – use all your energies for the benefit of the service;
VIII – practice camaraderie and permanently develop the spirit of cooperation;
IX – be discreet in their attitudes, manners and in their written and spoken language;
X – refrain from dealing, outside the appropriate scope, with confidential matter of any nature;
XI – accept the civil authorities;
XII – fulfill his duties as a citizen;
XIII – to proceed in an unblemished manner in public and private life;
XIV – observe the rules of good education;
XV – guaranteeing moral and material assistance to your home and conducting yourself as a model householder;
XVI – conduct yourself, even when out of service or when you are already inactive, so that the principles of discipline, respect and military decorum are not harmed;
XVII – refrain from using the post or graduation to obtain personal facilities of any kind or to conduct private or third-party business;
XVIII – refrain, in inactivity, from using hierarchical designations:
a) in political party activities;
b) in commercial activities;
c) in industrial activities;
d) to discuss or provoke discussions by the press regarding political or military matters, except those of an exclusively technical nature, if duly authorized; and
e) in the exercise of a civil position or function, even if it is in the Public Administration; and
XIX – to care for the good name of the Armed Forces and of each one of its members, obeying and making obey the precepts of military ethics.

Article 29

The active military is prohibited from trading or taking part in the administration or management of a company or being a partner or participating in it, except as a shareholder or quotaholder, in a limited liability company or by limited liability shares.
§ 1 The members of the reserve, when summoned, are prohibited from treating, in military organizations and civilian public departments, the interest of private organizations or companies of any nature.
§ 2 The active military personnel may directly manage their assets, provided they do not violate the provisions of this article.
§ 3 In order to develop professional practice, officers holding Health or Veterinary Staff or Services are permitted to exercise technical and professional activity in the civilian environment, provided that such practice does not harm the service and does not violate the provisions of this article. .

Article 30

. Ministers of the Forces Singulares may determine to the active military personnel of the respective Force that, in the interest of safeguarding their dignity, inform about the origin and nature of their assets, whenever there are reasons that recommend such a measure.

Chapter II – Military Duties

Section I – Conceptualization

Article 31

Military duties emanate from a set of rational, as well as moral ties, which link the military to the Fatherland and its service, and comprise, essentially:
I – the dedication and fidelity to the Fatherland, whose honor, integrity and institutions must be defended even with the sacrifice of life itself;
II – the cult of National Symbols;
III – probity and loyalty in all circumstances;
IV – discipline and respect for hierarchy;
V – strict compliance with obligations and orders; and
VI – the obligation to treat the subordinate with dignity and with urbanity.

Section II – Military Commitment

Article 32

Every citizen, after joining one of the Armed Forces through incorporation, registration or appointment, will make a commitment of honor, in which he will affirm his conscious acceptance of military obligations and duties and will show his firm willingness to perform them well.

Article 33

The commitment of the incorporated, the registered and the nominated, referred to in the previous article, will be solemn and will always be taken in the form of an oath to the Flag in the presence of a troop or garrison formed, according to the terms established in the specific regulations of the Forces Armed, and as soon as the military has acquired a level of education compatible with the perfect understanding of his duties as a member of the Armed Forces.
Paragraph 1. The commitment of the Navy Guard or Aspirant-to-Officer is rendered in the training establishments, obeying the ceremonial to that established in the respective regulations.
§ 2 The commitment as an officer, if any, will be regulated in each Armed Force.

Section III – Command and Subordination

Article 34

Command is the sum of authority, duties and responsibilities that the military is legally invested in when leading men or running a military organization. Command is linked to the hierarchical level and constitutes an impersonal prerogative, in whose exercise the military defines himself and characterizes himself as the chief.
Single paragraph. It applies to the leadership and leadership of the military organization, as appropriate, what is established for command.

Article 35

Subordination does not affect the military’s personal dignity in any way and results exclusively from the hierarchical structure of the Armed Forces.

Article 36

The officer is prepared, throughout his career, to exercise command, leadership and direction functions.

Article 37

Graduates assist or complement the activities of officers, whether in training and the use of means, or in instruction and administration.
Single paragraph. In the exercise of the activities mentioned in this article and in the command of subordinate elements, non-commissioned officers, lieutenants and sergeants must prevail by loyalty, by example and by professional and technical capacity, with the task of ensuring the thorough and uninterrupted observance of orders, the service rules and operating norms by the squares that are directly subordinate to them and the maintenance of the cohesion and morale of the same squares in all circumstances.

Article 38

Cabos, Taifeiros-Mores, First-Class Soldiers, First-Class Taifeiros, Sailors, Soldiers, Second-Class Soldiers and Second-Class Taifeiros are essentially elements of execution.

Article 39

The Marines-Recruits, Recruits, Soldiers-Recruits and Soldiers-of-Second-Class constitute the elements incorporated in the Armed Forces for the provision of the initial military service.

Article 40

The special squares are responsible for strict observance of the regulations prescriptions that are relevant to them, demanding full dedication to study and technical-professional learning.
Single paragraph. Special squares are also guaranteed the provision of initial military service.

Article 41

It is up to the military to take full responsibility for the decisions he makes, the orders he issues and the acts he performs.

Chapter III – Violation of Military Obligations and Duties

Section I – Conceptualization

Article 42

. Violation of military obligations or duties will constitute a crime, misdemeanor or disciplinary transgression, as provided by specific legislation or regulation.
§ 1 The violation of the precepts of military ethics will be all the more serious the higher the hierarchical level of whoever commits it.
§ 2 ° In the contest for military crime and contravention or disciplinary transgression, when they are of the same nature, only the penalty related to the crime will be applied.

Article 43

Failure to comply with the duties specified in the laws and regulations, or the lack of due diligence in carrying out the same, entails a military functional, pecuniary, disciplinary or penal responsibility, depending on the specific legislation.
Single paragraph. The determination of functional, pecuniary, disciplinary or penal responsibility may conclude that the military is incompatible with the position or the inability to exercise the military functions inherent to him.

Article 44

The military person who, due to his performance, becomes incompatible with the position, or demonstrates incapacity in the exercise of military functions inherent to him, will be removed from the position.
§ 1 The following are competent to determine the immediate removal from office or the impediment to the exercise of the function:
a) the President of the Republic;
b) the holders of the respective military portfolios and the Chief of Staff of the Armed Forces; and
c) commanders, chiefs and directors, in accordance with the specific legislation or regulation of each Armed Force.
§ 2 The military person removed from office, under the conditions mentioned in this article, will be deprived of the exercise of any military function until the solution of the process or of the applicable legal measures.

Article 45

Any collective manifestations are prohibited, both on acts of superiors and those of a claim or political character.

Section II – Military Crimes

Article 46

The Military Penal Code lists and classifies military crimes, in times of peace and in times of war, and provides for the application to the military of the penalties corresponding to the crimes they commit.

Section III – Disciplinary Misdemeanors or Transgressions

Article 47

The disciplinary regulations of the Armed Forces will specify and classify disciplinary offenses or transgressions and establish rules regarding the scope and application of disciplinary penalties, the classification of military behavior and the lodging of appeals against disciplinary penalties.
§ 1 The disciplinary penalties of impediment, detention or imprisonment cannot exceed 30 (thirty) days.
§ 2 The disciplinary provisions provided for in the regulations of the educational establishment where it is registered are also applied to the special square.

Section IV – Justification and Discipline Councils

Article 48

The officer presumably incapable of remaining on active duty will, in the form of specific legislation, be submitted to the Justification Council.
§ 1 The officer, when submitted to the Justification Council, may be removed from the exercise of his functions, at the discretion of the respective Minister, as established in specific legislation.
§ 2 – It is incumbent upon the Superior Military Court, in time of peace, or the Special Court, in time of war, to judge, in a single instance, the processes arising from the Councils of Justification, in the cases provided for in specific law.
§ 3 The Justification Council may also be submitted to the paid or retired reserve officer, presumably incapable of remaining in the situation of inactivity in which he finds himself.

Article 49

The Navy Guard, the Aspirant-a-Officer and the squares with assured stability, presumably incapable of remaining as active soldiers, will be submitted to the Disciplinary Board and removed from the activities they are exercising, in the form of specific regulations.
§ 1 The Disciplinary Board will obey rules common to the three Armed Forces.
§ 2 It is the responsibility of the Ministers of the Single Forces to judge, in the last instance, the processes originating from the Disciplinary Councils convened within the scope of the respective Armed Forces.
Paragraph 3. The Disciplinary Board may also be submitted to the paid or retired reserve, presumably unable to remain in the state of inactivity in which it finds itself.

Title III – Military Rights and Prerogatives

Chapter I – Rights

Section I – Enumeration

Article 50

The military’s rights are:
I – the guarantee of the patent in all its fullness, with the advantages, prerogatives and duties inherent to it, when official, under the terms of the Constitution;
II – the perception of remuneration corresponding to the superior hierarchical degree or improvement of it when, when transferred to inactivity, count more than 30 (thirty) years of service;
III – the remuneration calculated based on the full salary of the post or graduation when, not counting 30 (thirty) years of service, it is transferred to the remunerated reserve, ex officio, for having reached the limit age of permanence in activity in the post or on graduation, or have been covered by the compulsory quota; and
II – the earnings calculated based on the full salary of the post or graduation that he had when transferring to paid inactivity, if he had more than thirty years of service; (Wording given by Provisional Measure No. 2,215-10, dated 8/31.2001)
III – the earnings calculated based on the full salary of the post or graduation when, not counting thirty years of service, it is transferred to the remunerated reserve, ex officio, by having reached the age limit for remaining active in the post or graduation, or having been covered by the compulsory quota; and (Wording given by Provisional Measure No. 2,215-10, dated 8/31.2001)
IV – under the conditions or limitations imposed by specific legislation and regulations:
a) stability, when a square with 10 (ten) or more years of effective time service;
b) the use of hierarchical designations;
c) the occupation of a post corresponding to the post or graduation;
d) the perception of remuneration;
e) medical and hospital assistance for themselves and their dependents, thus understood as the set of activities related to the prevention, conservation or recovery of health, covering professional medical, pharmaceutical and dental services, as well as the provision, application of means and the care and other necessary medical and paramedical acts;
f) the funeral for themselves and their dependents, constituting the set of measures taken by the State, when requested, from death to proper burial;
g) food, as understood as meals provided to active military personnel;
h) the uniform, consisting of a set of uniforms, white linen and bed linen, provided to the military on active duty with a rank below the third sergeant and, in special cases, to other military personnel;
i) housing for the active military, comprising:
1 – accommodation in a military organization, when quartered or embarked; and
2 – housing for themselves and their dependents; in property under the responsibility of the Union, according to existing availability.
j) transportation, understood as the means provided to the military for his displacement in the interest of the service; when the displacement implies a change of headquarters or residence, it also includes tickets for their dependents and the transfer of their luggage, from residence to residence; (Revoked by Provisional Measure No. 2,215-10, dated 8/31/2001)
l) the constitution of a military pension;
m) promotion;
n) transfer on request to the remunerated reserve;
o) holidays, temporary leave from work and leave;
p) voluntary dismissal and leave;
q) the possession of a weapon when an officer on active duty or inactive, except in case of inactivity due to mental alienation or conviction for crimes against the security of the State or for activities that discourage such possession;
r) the possession of a weapon, by the squares, with the restrictions imposed by the respective Armed Force; and
s) other rights provided for in specific laws.
§ 1 The perception of the remuneration corresponding to the higher hierarchical degree or improvement thereof, as referred to in item II of this article, shall obey the following conditions: (Revoked by Provisional Measure nº 2,215-10, dated 8.11.2001)
a) the officer who counts more than 30 (thirty) years of service, after entering the inactivity, will have his earnings calculated on the salary corresponding to the immediate post, if in his Force there is, in peacetime, a position higher than his, even if from another Body, Board, Weapon or Service; if occupying the last position in the military hierarchy of his Force, in peacetime, the officer will have the earnings calculated based on the salary of his own post, plus a percentage established in specific legislation;
b) Warrant officers and non-commissioned officers, when transferred to inactivity, will have their earnings calculated on the salary corresponding to the rank of second lieutenant, provided that they have more than 30 (thirty) years of service; and
c) the other places that have more than 30 (thirty) years of service, when transferred to inactivity, will have the earnings calculated on the salary corresponding to the immediately higher graduation.
§ 2 The following are considered to be dependent on the military:
I – the wife;
II – the child under 21 (twenty-one) years old or disabled or prohibited;
III – the unmarried daughter, provided that she does not receive remuneration;
IV – the student son, less than 24 (twenty four) years old, provided he does not receive remuneration;
V – the widowed mother, provided that she does not receive remuneration;
VI – the stepson, the adopted son and the guardian, under the same conditions as items II, III and IV;
VII – the soldier’s widow, while in this state, and the other dependents mentioned in items II, III, IV, V and VI of this paragraph, as long as they live under the widow’s responsibility;
VIII – the ex-wife entitled to child support established by a final and unappealable sentence, pending a new marriage.
§ 3 The following are also considered to be dependent on the military, provided that they live under their economic dependency, under the same roof, and when expressly declared in the competent military organization:
a) the daughter, stepdaughter and tutelage, in the conditions of widows, separated judicially or divorced, provided they do not receive remuneration;
b) the single mother, the widowed stepmother, the widowed or single mother-in-law, as well as legally separated or divorced, provided that, in any of these situations, they do not receive remuneration;
c) grandparents and parents, when disabled or banned, and their spouses, provided they do not receive remuneration;
d) the father over 60 (sixty) years old and his respective spouse, as long as both do not receive remuneration;
e) the brother, the brother-in-law and the nephew, when they are minors or disabled or banned, without other support;
f) the sister, sister-in-law and niece, single, widowed, legally separated or divorced, provided they do not receive remuneration;
g) the grandson, orphan, disabled or prohibited minor;
h) the person who has lived, for at least 5 (five) years, under his exclusive economic dependence, proven by judicial justification;
i) the partner, provided that she has lived in your company for more than 5 (five) years, proven by judicial justification; and
j) the minor who is in his custody, support and responsibility, by judicial authorization.
§ 4 For the purpose of the provisions of §§ 2 and 3 of this article, income not derived from salaried work, even if received from public coffers, or remuneration that, even resulting from an employment relationship, will not be considered as remuneration the dependent of the military has any right to official social security assistance.

Article 51

A military man who considers himself harmed or offended by any administrative or disciplinary act by a superior may appeal or file a reconsideration, complaint or representation request, according to the specific regulations of each Armed Force.
§ 1 The right to appeal at the administrative level will prescribe:
a) within 15 (fifteen) consecutive days, counting from the receipt of the official communication, regarding the act resulting from inclusion in a compulsory quota or composition of the Access Table; and
b) in 120 (one hundred and twenty) days, in other cases.
§ 2 The request for reconsideration, complaint and representation cannot be made collectively.
§ 3 The military can only appeal to the Judiciary after all administrative resources have been exhausted and this initiative must participate, in advance, to the authority to which he is subordinate.

Article 52

Military personnel are enlisted, as voters, as long as officers, navy guards or aspiring officers, noncommissioned officers or warrant officers, sergeants or students from higher-level military schools for training officers.
Single paragraph. Enlisted soldiers are eligible, provided that the following conditions are met:
a) if they count less than 5 (five) years of service, they will be, when applying for elective office, excluded from active service through dismissal or ex officio licensing; and
b) if in activity, with 5 (five) or more years of service, will be, when applying for elective office, temporarily removed from active and aggregate service, considered on leave to deal with private interest; if elected, at the time of the diploma, he will be transferred to the remunerated reserve, realizing the remuneration to which he is entitled according to his length of service.

Section II – Remuneration

Article 53

The military’s remuneration, due on the basis established in specific legislation common to the Armed Forces, comprises:
I – in active service:
a) salaries, consisting of pay and bonuses; and
b) indemnities.
II – inactivity:
a) earnings, consisting of pay or pay quotas and incorporable bonuses; and
b) indemnities for inactivity.
Single paragraph. The military will also be entitled to other pecuniary rights in special cases.
The military’s remuneration will be established in specific legislation, common to the Armed Forces, and comprises: (Wording given by Law nº 8.237, of 1991)

The military’s remuneration will be established in specific legislation, common to the Armed Forces. (Wording given by Provisional Measure No. 2,215-10, dated 8/31/2001)
I – active; (Wording given by Law No. 8,237, of 1991)
a) regular pay, gratuities and indemnities; (Wording given by Law No. 8,237, of 1991)
II – inactivity: (Wording given by Law No. 8,237, of 1991)
a) earnings, consisting of pay , payable fees and incorporable bonuses; (Wording given by Law No. 8,237, of 1991)
b) additional. (Wording given by Law No. 8,237, of 1991)

Article 54

The pay is irreducible and is not subject to attachment, kidnapping or seizure, except in cases provided for by law.

Article 55

The value of the salary is the same for the active military, from the paid or retired reserve, of the same hierarchical grade, except for the provisions of item II, of the caput, of article 50.

Article 56

On the occasion of his transition to inactivity, the military will be entitled to as many pay quotas as there are years of service, computable for inactivity, up to a maximum of 30 (thirty) years, except as provided in item III of the caput, of Article 50.
Sole paragraph. For the purpose of counting the shares, the fraction of time equal to or greater than 180 (one hundred and eighty) days will be considered 1 (one) year.

Article 57

Pursuant to § 9, article 93, of the Constitution, the prohibition on accumulating inactivity benefits does not apply to military personnel from the paid reserve and retirees as to the exercise of their elective mandate, as to the function of teaching or of commissioned or regarding the contract to provide technical or specialized services.

Article 58

The benefits of inactivity will be revised whenever, due to changes in the purchasing power of the currency, the salaries of the military in active service are modified.
Single paragraph. Except for the cases provided for by law, the earnings from inactivity may not exceed the remuneration perceived by the active military in the post or graduation corresponding to those of his earnings.

Section III – Promotion

Article 59

Access in the military hierarchy, based mainly on moral and professional value, is selective, gradual and successive and will be done through promotions, in accordance with the legislation and regulation of promotions of officers and officers, in order to obtain a regular flow and balanced career path for the military.
Single paragraph. The career planning of the officers and the squares is the responsibility of each of the Ministries of the Single Forces.

Article 60

Promotions will be made according to the criteria of seniority, merit or choice, or even for bravery and post mortem.
Paragraph 1. In extraordinary cases and regardless of vacancies, there may be a promotion to compensate for disregard.
Paragraph 2. The promotion of a military man made in reimbursement for failure to do so shall be carried out according to the criteria of seniority or merit, receiving the number that competes for him in the hierarchical scale, as if he had been promoted, in due time, by the criterion in which he is now made. promotion.

Article 61

In order to maintain the renewal, balance and regularity of access in the different Bodies, Tables, Weapons or Services, there will be an annual and mandatory number of vacancies for promotion, in the proportions indicated below:
I – Admiral-de-Squad, Generals Army and Lieutenant Brigadiers – 1/4 (one quarter) of the respective Corps or Boards;
II – Vice-Admirals, Generals-of-Division and Majors-Brigadeiros – 1/4 (one quarter) of the respective Corps or Tables;
III – Rear Admirals, Brigadier Generals and Brigadiers – 1/4 (one quarter) of the respective Corps or Tables;
IV – Captains-of-Sea-and-War and Colonels – at least 1/8 (one eighth) of the respective Bodies, Boards, Weapons or Services;
V – Captains-of-Frigate and Lieutenants-Colonels – at least 1/15 (one fifteenth) of the respective Bodies, Tables, Weapons or Services;
VI – Captains-of-Corvette and Majors – at least 1/20 (one twentieth) of the respective Bodies, Boards, Weapons or Services; and
VII – Officers of the 3 (three) last positions of the Staff referred to in letter b, item I, of article 98, 1/4 (one quarter) for the last position, at least 1/10 (one tenth) for the penultimate post, and at least 1/15 (one fifteenth) for the antepenultimate post, of the respective Boards, except when the last and the penultimate post are Captain-Lieutenant or Captain and 1st Lieutenant, in which case the proportions will be at least 1/10 (one tenth) and 1/20 (one twentieth), respectively.
VII – Officials of the 3 (three) last positions of the Boards referred to in paragraphs b, def of item I of article 98, 1/4 (one quarter) for the last position, at least 1/10 (one tenth) for the penultimate position and, at least, 1/15 (one fifteenth) for the antepenultimate position, of the respective Boards, except when the last and the penultimate position are Captain-Lieutenant or Captain and First Lieutenant, in which case the proportions will be at least 1/10 (one tenth) and 1/20 (one twentieth), respectively. (Wording given by Law No. 7,503, of 1986)
VII – Officials of the 3 (three) last positions of the Boards referred to in item b of item I of art. 98, 1/4 for the last post, at least 1/10 for the penultimate post, and at least 1/15 for the penultimate post, of the respective Boards, except when the last and the penultimate post are Captain-Lieutenant or Captain and 1st Lieutenant, in which case the proportions will be at least 1/10 and 1/20, respectively. (Wording given by Law No. 7,666, of 1988)
§ 1 The number of vacancies for mandatory promotion in each base year for the posts related to items IV, V, VI and VII of this article will be fixed, for each Force, in separate decrees , until January 15th (fifteenth) of the following year.
§ 2 The fractions that result from the application of the proportions established in this article will be added, cumulatively, to the corresponding calculations of the following years, until at least 1 (one) integer is completed, which will then be computed to obtain a vacancy for mandatory promotion .
§ 3º Vacancies will be considered open:
a) on the date of signature of the act that promotes, move to inactivity, transfer from Body or Board, dismiss or add the military;
b) on the date established in the Law for the Promotion of Armed Forces Officers or its regulations, in the cases indicated therein; and
c) on the official date of the soldier’s death.

Article 62

  1. There will be no military promotion when transferring to the paid reserve or retirement.

Section IV – Vacation and Other Temporary Leave from Service

Article 63

Holidays are total leave from service, annual and mandatorily granted to the military for rest, from the last month of the year to which they refer and throughout the following year.
§ 1 The Executive Branch will set the duration of the vacation, including for the military serving in special locations.
§ 2 Military Ministers are responsible for regulating the granting of vacation.
§ 3 The concession of vacation is not affected by the previous enjoyment of leave for health treatment, special leave, nor by previous punishment resulting from contravention or disciplinary transgression, or by the state of war, or for the accomplishment of acts of service, as well as it does not void the right to those licenses.
Paragraph 3. The concession of vacation is not affected by the previous enjoyment of leave for health treatment, nor by previous punishment resulting from contravention or disciplinary transgression, or by the state of war, or for the performance of acts in service, nor does it cancel the right to that license. (Wording given by Provisional Measure No. 2,215-10, dated 8/31.2001)
§ 4 Only in cases of interest of national security, maintenance of order, extreme need for the service, transfer to inactivity, or to comply with the resulting punishment of misdemeanor or disciplinary transgression of a serious nature and in case of discharge from hospital, the military will have interrupted or will cease to enjoy the vacation period to which they are entitled at the scheduled time, registering the fact in their settlements.
Paragraph 5. If it is impossible to take a vacation in the following year for the reasons set out in the previous paragraph, except in cases of serious disciplinary contravention or transgression, the period of vacation not taken shall be counted day by day, twice when the military officer leaves for inactivity and, in this situation, for all legal purposes. (Revoked by Provisional Measure No. 2,215-10, dated 8/31/2001)

Article 64

The military are also entitled to the following periods of total leave from service, in compliance with legal and regulatory provisions, due to:
I – nuptials: 8 (eight) days;
II – mourning: 8 (eight) days;
III – installation: up to 10 (ten) days; and
IV – transit: up to 30 (thirty) days.

Article 65

The vacations and absences mentioned in the previous article are granted with the remuneration provided for in the specific legislation and counted as time of effective service for all legal purposes.

Article 66

The vacation, installation and transit of military personnel who are on duty abroad must have identical regulations for the three Armed Forces.

Section V – Licenses

Article 67

License is the authorization for total removal from service, on a temporary basis, granted to the military, in compliance with legal and regulatory provisions.
§ 1 The license can be:
a) special; (Revoked by Provisional Measure No. 2,215-10, dated 8/31/2001)
b) to deal with particular interest;
c) for the health treatment of a family member; and
d) for own health treatment.
e) to accompany a spouse or partner. (Wording given by Law nº 11.447, of 2007)
§ 2º The remuneration of the licensed military will be regulated in specific legislation.
§ 3 The granting of a license is regulated by the Ministers of the Single Forces.
§ 3 The granting of the license is regulated by the Force Commander. (Wording given by Provisional Measure nº 2.215-10, dated 8/31/2001)

Article 68

Special leave is the authorization for the total removal from the service, related to each decade of effective service rendered, granted to the military who requests it, without implying any restriction on his career. (Revoked by Provisional Measure No. 2,215-10, dated 8/31.2001)
§ 1 The special license has a duration of 6 (six) months, to be taken at once; when requested by the interested party and deemed convenient by the competent authority, it may be paid in two (2) or three (3) months.
§ 2 The period of special leave does not interrupt the counting of actual service time.
§ 3 ° The periods of special leave not taken by the military are double counted for the exclusive purposes of counting time for the transition to inactivity and, in this situation, for all legal effects.
§ 4 The special license is not affected by the previous enjoyment of any license for health treatment and for the performance of service acts, as well as it does not cancel the right to those licenses.
Paragraph 5. Once the special license has been granted, the military officer will be exonerated from his post or released from the exercise of his duties and will be available to the personnel organ of the respective Armed Force, attached to the Military Organization where he serves.

Article 69

  1. License to accompany spouse or partner is the authorization for the total removal from service, granted to military personnel with more than 10 (ten) years of effective service who require it to accompany spouse or partner who, being a servant public of the Union or military of the Armed Forces, it is, by profession, to exercise activity in a federal public organ located in another point of the national territory or abroad, different from the location of the applicant’s military organization. (Included by Law nº 11.447, of 2007)
    § 1 The license will always be granted with prejudice to the remuneration and counting of the effective service time, except for the latter, for the purposes of indicating the compulsory quota. (included by Law No. 11,447, of 2007)
    Paragraph 2. The deadline for the license shall be 36 (thirty-six) months, which may be granted on a continuous or fractional basis. (included by Law 11.447, of 2007)
    § 3 For the granting of the license to accompany a partner, there is a need for the stable union between man and woman to be recognized as a family entity, in accordance with specific legislation. (included by Law 11.447, of 2007)
    § 4o The license referred to in this article will not be granted when the accompanying military officer can be placed at the disposal or status of attaché or be classified / assigned to a military organization of the Armed Forces for performance functions compatible with your hierarchical level. (included by Law No. 11,447, of 2007)
    § 5 The transfer to the disposition or status of attaché or the classification / capacity in military organization, referred to in § 4 of this article, shall be carried out without charge to the Union and always with the acquiescence of the Armed Forces involved. (included by Law No. 11,447, of 2007)

Article 70

Licenses may be terminated on request or under the conditions set out in this article.
§ 1 The interruption of the special license and the license to deal with particular interest may occur:
§ 1 The license interruption to deal with particular interest may occur: (Wording given by Provisional Measure No. 2215-10 of 31.8.2001)
§ 1 the interruption of the special license, the license to deal with particular interest and leave to accompany spouse or partner (a) may occur: (Writing amended by Law No. 11,447, 2007)
a) in the event of mobilization and state of war;
b) in the event of a declaration of a state of emergency or a state of siege;
c) to comply with a sentence that results in restriction of individual freedom;
d) to comply with disciplinary punishment, as regulated by the respective Military Ministry; and
d) to comply with disciplinary punishment, according to the regulation of each Force. (Wording given by Provisional Measure nº 2.215-10, dated 8/31/2001)
e) in case of denunciation or pronouncement in criminal process or indictment in military inquiry, judgment of the authority that carried out the complaint, the indictment or the indictment.
§ 2 The interruption of leave to deal with private interests will be definitive when the military is retired or transferred ex officio to the paid reserve.
Paragraph 2. The interruption of the license to deal with a private interest and the license to accompany a spouse or partner will be definitive when the military is retired or transferred, officially, to the paid reserve. (Wording given by Law nº 11.447, of 2007)
§ 3º The interruption of the license for the treatment of health of the family person, to fulfill a disciplinary sentence that implies in restriction of individual freedom, will be regulated in each Force.

Section VI – Military Pension

Article 71

The military pension is intended to support the beneficiaries of the deceased or lost soldier and will be paid according to the provisions of specific legislation.
§ 1 For the purpose of applying the specific legislation, the rank or rank of the military will be considered the one corresponding to the salary on which their contributions are calculated.
§ 2 All military personnel are obligatory contributors to the military pension corresponding to their rank or rank, with the exceptions provided for in specific legislation.
§ 3 Every military officer is obliged to make his declaration of beneficiaries that, unless proven otherwise, will prevail for the qualification of them to the military pension.

Article 72

The military pension is deferred to the priorities and conditions established in specific legislation.

Chapter II – Prerogatives

Section I – Constitution and Enumeration

Article 73

The military’s prerogatives are constituted by honors, dignities and distinctions due to hierarchical degrees and positions.
Single paragraph. The prerogatives of the military are:
a) use of titles, uniforms, badges, insignia and military emblems of the Armed Forces, corresponding to the rank or rank, Body, Staff, Weapon, Service or Position;
b) honors, treatment and signs of respect that are guaranteed in laws and regulations;
c) serving a prison sentence or detention only in a military organization of the respective Force whose commander, chief or director has hierarchical precedence over the prisoner or, in the impossibility of fulfilling this provision, in a military organization of another Force whose commander, chief or director the necessary precedence; and
d) trial in a special forum, in military crimes.

Article 74

Only in case of flagrante delicto can the military be arrested by police authority, who is obliged to immediately hand him over to the nearest military authority, and may only retain him, at the police station or police station, for the time necessary for the act of drawing the flagrante delicto.
§ 1 The competent military authority is responsible for taking the initiative to hold the police authority responsible for failing to comply with the provisions of this article and for mistreating or allowing any military prisoner to be abused or not treated due to his rank or rank.
§ 2 If, during the process and trial in the civil forum, there is danger to the life of any military prisoner, the competent military authority, upon request by the judicial authority, will order the pretoria or courts to be guarded by federal force.

Article 75

Active military personnel, in the exercise of military functions, are released from service at the institution of the Jury and from service in the Electoral Justice.

Section II – Use of Uniforms

Article 76

The uniforms of the Armed Forces, with their badges, insignia and emblems, are private to the military and symbolize military authority, with the inherent prerogatives.
Single paragraph. The crimes provided for in specific legislation include disrespect for uniforms, badges, insignia and military emblems, as well as their use by those who are not entitled to them.

Article 77

The use of uniforms with their badges, insignia and emblems, as well as the models, description, composition, accessory parts and other provisions, are those established in the specific regulation of each Armed Force.
§ 1 The military is prohibited from wearing uniforms:
a) in manifestations of a political party character;
b) in non-military activity abroad, except when expressly determined or authorized; and
c) inactivity, except for attending military ceremonies, civic ceremonies commemorating national dates or solemn social acts of a private nature, as long as authorized.
§ 2 The officer inactive, when in the position of Minister of State of the Navy, the Army or the Air Force, may wear the same uniforms as the active military.
§ 3 – Inactive military personnel whose conduct may be considered offensive to the dignity of the class may be definitively prohibited from wearing uniforms by decision of the Minister of the respective Singular Force.

Article 78

The soldier in uniform has the obligations corresponding to the uniform he wears and to the badges, emblems or insignia he bears.

Article 79

The Auxiliary Forces and any civilian element or civil organizations are forbidden to wear uniforms or to display badges, insignia or emblems that may be confused with those adopted by the Armed Forces.
Single paragraph. The commanders of the Auxiliary Forces, directors or heads of departments, organizations of any nature, firms or employers, companies, institutes or departments that have adopted or consented to are used for the infraction of the provisions of this article, in addition to the individuals who committed it. uniforms or sporting distinctives, insignia or emblems that can be confused with those adopted in the Armed Forces.

Title IV – Miscellaneous Provisions

Chapter I – Special Situations

Section I – Aggregation

Article 80

Aggregation is the situation in which the active-duty soldier ceases to occupy a vacancy on the hierarchical scale of his Body, Staff, Weapon or Service, remaining there without number.

Article 81

The military will be aggregated and considered, for all legal purposes, as in active service when:
I – is appointed to a position, military or considered to be of a military nature, established by law or decree, in the country or abroad, not provided for in Organization or Capacity Tables of the respective Armed Force, except for members of study or material acquisition commissions, war observers and interns to improve military knowledge in military or industrial organizations abroad;
II – is placed at the exclusive disposal of another Military Ministry to occupy a military position or considered to be of a military nature;
II – is placed at the exclusive disposal of the Ministry of Defense or Armed Force other than that to which he belongs, to occupy a military position or considered to be of a military nature; (Wording given by Provisional Measure No. 2,215-10, dated 8/31/2001)
III – wait for transfer ex officio to the reserve, as it was included in any of the requirements that motivated it;
IV – the body competent to formalize the respective process has official knowledge of the request for transfer of the military to the reserve; and
V – has exceeded 6 (six) continuous months in the situation of being summoned to serve as Minister of the Superior Military Court.
§ 1 The aggregation of military personnel in the cases of items I and II is counted from the date of investiture in the new position until the return to the Armed Force to which it belongs or the ex officio transfer to the reserve.
§ 2 The aggregation of military personnel in the case of item III is counted from the date indicated in the act that makes the respective event public.
§ 3 The aggregation of military personnel in the case of item IV is counted from the date indicated in the act that makes the official communication public until the transfer to the reserve.
§ 4 The aggregation of military personnel in the case of item V is counted from the first day after the respective deadline and for the duration of the event.

Article 82

The military will be added when he is temporarily removed from active service due to:
I – he was judged temporarily incapable, after 1 (one) continuous year of treatment;
II – having exceeded 1 (one) continuous year on leave for own health treatment;
III – having exceeded 6 (six) continuous months on leave to deal with private interests;
III – having exceeded 6 (six) continuous months on leave to deal with private interests or on leave to accompany a spouse or partner; (Wording given by Law nº 11.447, of 2007)
IV – having exceeded 6 (six) continuous months on leave to treat family members’ health;
V – having been judged definitively incapable, while the reform process is in progress;
VI – have been considered officially lost;
VII – the period that characterizes the crime of desertion provided for in the Military Penal Code has expired, if an official or a square with assured stability;
VIII – as a deserter, to have volunteered, or to have been captured, and reincluded in order to be prosecuted;
IX – to be sued, after being exclusively available to the Common Justice;
X – having been sentenced to a restrictive sentence of liberty greater than 6 (six) months, in a final and unappealable sentence, while the execution lasts, excluding the period of his conditional suspension, if granted, or until he is declared unworthy of belonging to the Forces. Armed or incompatible with them;
XI – having been sentenced to the suspension of the exercise of the post, graduation, position or function provided for in the Military Penal Code;
XII – having become available to the Civil Ministry, a Federal Government agency, a State Government, a Territory or a Federal District, to exercise a civil function;
XIII – have been appointed to any temporary, non-elective civil public office, including those of indirect administration; and
XIV – having applied for an elective position, provided that he has 5 (five) or more years of service.
§ 1 ° The aggregation of military personnel in the cases of items I, II, III and IV is counted from the first day after the respective deadlines and for the duration of the event.
§ 2 The aggregation of military personnel in the cases of items V, VI, VII, VIII, IX, X and XI is counted from the date indicated in the act that makes the respective event public.
§ 3 The aggregation of military personnel in the cases of items XII and XIII is counted from the date of possession in the new position until the return to the Armed Force to which it belongs or transfer ex officio to the reserve.
§ 4 The aggregation of the military in the case of item XIV is counted from the date of registration as a candidate until his diploma or his return to the Armed Forces to which he belongs, if he has not been elected.

Article 83

The aggregate military officer is subject to disciplinary obligations regarding his relations with other military personnel and civilian authorities, unless he holds a position that gives him functional precedence over other more senior or senior military personnel.

Article 84

The aggregate military will be attached, for the purpose of alterations and remuneration, to the military organization assigned to him, continuing to appear in the respective register, without number, in the place that he previously occupied.

Article 85

The aggregation is done by an act of the President of the Republic or the authority to which the due competence has been delegated.

Section II – Reversion

Article 86

Reversion is the act by which the aggregate soldier returns to the respective Corps, Staff, Weapon or Service as soon as the reason that determined his aggregation ceases, returning to occupy the place that competes in the respective numerical scale, in the first wave that occurs, observing the provided for in paragraph 3 of article 100.
Sole paragraph. At any time, the reversion of the aggregate military may be determined in the cases provided for in items IX, XII and XIII of article 82.

Article 87

The reversal will be carried out through an act of the President of the Republic or the authority to which the due competence has been delegated.

Section III – Surplus

Article 88

Surplus is the transitory situation that the military automatically goes through:
I – having ceased the reason that determined its aggregation, revert to the respective Body, Board, Weapon or Service, any of which being fully staffed;
II – awaits the placement to which he / she is entitled on the hierarchical scale, after having been transferred from the Body or Board, and they are with their full staff;
III – is promoted by bravery, with no vacancy;
IV – is unduly promoted;
V – being the most modern of the respective hierarchical scale, surpass the effective number of your Body, Staff, Weapon or Service, by virtue of the promotion of another military officer in compensation for disregard; and
VI – having ceased the reason that determined his retirement due to permanent incapacity, return to the respective Body, Board, Weapon or Service, with any of these having their full staff.
§ 1 The military whose situation is that of surplus, except for the unduly promoted, occupies the same relative position, in seniority, that fits him in the hierarchical scale and will receive the number that competes him, as a result of the first vacancy that occurs, observing the provided for in paragraph 3 of article 100.
§ 2 The military, whose situation is in surplus, is considered, for all purposes, as in effective service and competes, respecting the legal requirements, in equal conditions and without any restriction, to any military office, as well as promotion and compulsory quota.
§ 3 The military promoted by bravery without a vacancy will occupy the first open vacancy, observing the provisions of § 3 of article 100, shifting the promotion criterion to be followed for the next vacancy.
§ 4 The unduly promoted military will only count seniority and receive the number competing for him in the hierarchical scale when the vacancy that he must fill corresponds to the criterion by which he should have been promoted, as long as he meets the requirements for promotion.

Section IV – Absentee and Deserter

Article 89

The military is considered absent if, for more than 24 (twenty-four) consecutive hours:
I – fail to attend his military organization without communicating any reason for impediment; and
II – to leave, without a license, the military organization where he serves or the place where he must remain.
Single paragraph. After the period mentioned in this article has elapsed, the formalities provided for in specific legislation will be observed.

Article 90

The military is considered a deserter in the cases provided for in military criminal law.

Section V – The Missing and the Lost

Article 91

The active military person who, in the performance of any service, traveling, campaigning or in the event of a public calamity, has been ignored for more than 8 (eight) days is considered missing.
Single paragraph. The disappearance situation will only be considered when there is no indication of desertion.

Article 92

The soldier who, in the form of the previous article, remains missing for more than 30 (thirty) days, will be officially considered lost.

Section VI – Commissioner

Article 93

After the declaration of a state of war, the military on active duty may be commissioned, temporarily, in positions or graduations higher than those they actually possess.
Single paragraph. The commissioning referred to in this article will be regulated in specific legislation.

Chapter II – Exclusion of Active Service

Section I – Occurrence

Article 94

The exclusion of active service from the Armed Forces and the consequent dismissal of the organization to which the military is linked are due to the following reasons:
I – transfer to the paid reserve;
II – reform;
III – dismissal;
IV – loss of rank and rank;
V – licensing;
VI – annulment of incorporation;
VII – disincorporation;
VIII – for the sake of discipline;
IX – defection;
X – death; and
XI – loss.
§ 1 The military person excluded from active service and disconnected from the organization to which he is linked will become part of the Armed Forces reserve, except if it applies to any of the items II, IV, VI, VIII, IX, X and XI of this article or is licensed , ex officio, for the sake of discipline.
§ 2 The acts referring to the situations referred to in this article are the responsibility of the President of the Republic, or the competent authority to carry them out, by delegation.

Article 95

The active military, framed in one of the items I, II, V and VII of the previous article, or dismissed on request, will continue in the exercise of his functions until he is dismissed from the military organization in which he serves.
§ 1 The dismissal of the military officer from the organization in which he serves must be done after publication in the Official Gazette, Bulletin or Order of Service of his military organization, of the corresponding official act, and cannot exceed 45 (forty-five) days from date of first official publication.
§ 2 After the period referred to in the previous paragraph has passed, the military officer will be considered disconnected from the organization to which he is linked, ceasing to count service time, for the purpose of transferring to inactivity.

Section II – Transfer to the Paid Reserve

Article 96

The transfer of the military to the situation of inactivity, through transfer to the paid reserve, is made:
I – upon request; and
II – ex officio.
Single paragraph. The transfer of the military to the paid reserve may be suspended in the presence of a state of war, a state of siege, a state of emergency or in the case of mobilization.

Article 97

The transfer to the paid reserve, upon request, will be granted upon request, to the military officer who counts at least 30 (thirty) years of service.
§ 1 The active duty officer may request a transfer to the remunerated reserve through voluntary inclusion in the compulsory quota.
§ 2 In the event that the military has completed any course or internship lasting more than 6 (six) months, on behalf of the Union, abroad, without 3 (three) years having passed, the transfer to the reserve will only be granted through indemnification of all expenses corresponding to the completion of the referred course or internship, including differences in salaries. The indemnity calculation will be made by the respective Ministries.
§ 3 The provisions of the previous paragraph do not apply to officers who cease to be included in the Pick List, when the most modern officer of their respective Body, Board, Weapon or Service has entered it.
§ 4º A transfer to the paid reserve, upon request, will not be granted to the military person who:
a) is responding to an inquiry or process in any jurisdiction; and
b) is serving a sentence of any kind.

Article 98

The transfer to the paid reserve, ex officio, will take place whenever the military officer is involved in one of the following cases:
I – reaching the following age limits:
a) in the Navy, in the Army and in the Air Force, for officers of the bodies, Boards, Weapons & Services non-included in the letter b:
Ages Posts
Admiral-of-Fleet, General of the Army and Lieutenant General 66 years
Vice Admiral, Major General Division and Lt. Gen. 64 years
Counter Admiral, Brigadier-General and Brigadier 62 years
Captain-de-Mar-e-Guerra and Colonel 59 years
Captain-de-Frigate and Lieutenant Colonel 56 years
Captain-of-Corvette and Major 52 years
Captain-Lieutenant or Captain and Subaltern officers 48 years old
b) in the Navy, for the officers of the Armed Auxiliary Officers – QOAA, the CFN Auxiliary Officers – QOA-CFN, the CFN Musicians – QOMU-CFN, the Navy Officers and the Practical Board of the Ministry of the Navy; in the Army, for officers of the Auxiliary Board of Officers – QAO; in the Aeronautics, for the Officers of the Officers of the Specialized Officers, of the Officers of the Air Force Infantry Officers, of the Officers of Musicians – QOMU and of the Officers of Administration – QOAdm: Aged Captain-of-Frigate
Posts
and Lieutenant-Colonel 60 years
Captain-Corvette and Major 58 years
Captain-Lieutenant and Captain 56 years
First Lieutenant 54 years
Second Lieutenant 52 years
c) in the Navy, in the Army and in the Air Force, for the squares:
Graduation Ages
Petty Officer or Warrant Officer 52 years
First Sergeant and Chief Taifeiro 50 years
Second Sergeant and First-Class Taifeiro 48 years
Third Sergeant and Taifeiro-de -Second-Class 47 years
Corporal 45 years
Sailor, Soldier and First-Class Soldier 44 years
I – reach the following age limits: (Wording given by Law No. 7,503, of 1986)
a) in the Navy, Army and in Aeronautics, for officers of the Bodies, Cadres, Weapons and Services not included in subparagraphs b, def: (Wording given by Law No. 7.503, of 1986)
a) in the Navy, in the Army and in the Air Force, for officers of bodies, cadres, weapons and services not included in paragraph b; (Wording given by Law No. 7,666, 1988)
Ages
Admiral-de-Esquadra, General-de-Exéreito and Lieutenant-Brigadier 66 years
Vice-Admiral, General-de-Division and Major-Brigadier 64 years
Rear-Admiral, General -de-Brigada and Brigadeiro 62 years
Captain-de-Mar-e-Guerra and Colonel 59 years
Captain-de-Frigate and Lieutenant Colonel 56 years
Captain-de-Corvette and Major 52 years
Captain-Lieutenant or Captain and Deputy Officers 48 years
(Wording given by Law No. 7,503, of 1986)
b) in the Navy, for the officers of the Armed Auxiliary Officers (QOAA), the CFN Auxiliary Officers (QOA-CFN) and the Complementary Marine Officers, the CSM Pharmacists (QF-CSM) ) and the CSM Dental Surgeon Board (QCD-CSM): (Wording given by Law nº 7.503, of 1986)
Ages Posts
Captain-of-Sea-and-War 62 years
Captain-of-Frigate 60 years
Captain-of -Corvette 58 years
Captain-Lieutenant 56 years
First Lieutenant 54 years
Second Lieutenant 52 years
c) in the Navy, for the squares: (Wording given by Law No. 7,503, of 1986)
Graduations Ages
Petty Officer 54 years
First Sergeant 52 years
Second Sergeant 50 years
Sergeant 49 years
Corporal 48 years
Sailor 44 years
d) in the Army, for the officers of the Complementary Board of Officers (QCO) and the Auxiliary Board of Officers (QAO): (Included by Law No. 7,503, of 1986)
Posts Aged
Colonel 62 years
Lieutenant-Colonel 60 years
Major 58 years
Captain 56 years
First Lieutenant 56 years
Second Lieutenant 56 years
e) in the Army, for the squares: (Included by Law No. 7,503, of 1986)
Graduations Ages
Lieutenant. 54 years
First Sergeant and Chief Taifeiro 52 years
Second Sergeant and First-Class Taifeiro 50 years
Third Sergeant 49 years
Corporal and Second-Class Taifeiro 48 years
Soldier 44 years old
f) in the Air Force, for officers of the Pharmaceutical Officers Board, the Dental Officers Board, the Aeronautical Infantry Officers Board, the Specialist Officers Board and the Management Officers Board: (Included by Law no. 7,503, of 1986)
Posts Ages
Colonel 62 years
Lieutenant-Colonel 60 years
Major 58 years
Captain 56 years
First Lieutenant 56 years
Second Lieutenant 56 years
g) in the Air Force, for the squares: (Included by Law No. 7,503, of 1986)
Graduations Ages
Petty Officer 54 years
First Sergeant and Chief Taifeiro 52 years
Second Sergeant and First-Class Taifeiro 50 years
Third Sergeant 49 years
Second Class Corporal and Steward 48 years
First Class Soldier 44 years
b) in the Navy, for officers of the Armed Auxiliary Officers – QOAA, of the CFN Auxiliary Officers – QOA-CFN, the CFN Music Staff – QOMU-CFN, the Complementary Staff of Navy Officers and the Practical Staff of the Ministry of Navy; in the Army, for officers of the Auxiliary Board of Officers – QAO; in the Aeronautics, for the Officers of the Officers of the Specialized Officers, of the Officers of the Air Force Infantry, of the Officers of Musicians – QOMU and of the Officers of Administration – QOAdm: Aged Captain-of-Frigate
Posts
and Lieutenant-Colonel years
Captain-Corvette and Major 58 years
Captain-Lieutenant and Captain 56 years
First Lieutenant 54 years
Second Lieutenant 52 years
b) in the Navy, for the Officers of the Auxiliary Officers of the Navy – QOAA, the Auxiliary Officers of the CFN – QOA-CFN and the Complementary Officers of the Navy Officers, the CSM Pharmacists – QF-CSM Staff of Dental Surgeons of the CSM – QCD-CSM; in the Army, for Officers of the Complementary Officers – QCO, Auxiliary Officers – QAO, Medical Officers – QOM, Pharmaceutical Officers – QOF, Dental Officers – QOD and Veterinary Officers – QOV; in Aeronautics, for the Officers of the Pharmaceutical Officers Board, the Dental Officers Board, the Aeronautical Infantry Officers Board, the Technical Officers Board and the Aeronautics Officers Board. (Wording given by Law No. 7,666, of 1988)
Posts Ages
Captain-de-Mar-e-Guerra and Colonel 62 years
Captain-de-Frigate and Lieutenant Colonel 60 years
Captain-de-Corvette and Major 58 years
Captain-Lieutenant and Captain 56 years
First Lieutenant 56 years
Second Lieutenant 56 years
b) in the Navy, for the Officers of the Dental Surgeon Board (DC) and the Health Support Board (S), components of the Navy Health Corps and the Technical Board (T), of the Auxiliary Board of the Navy (AA ) and the Auxiliary Marine Corps (AFN), components of the Navy Auxiliary Corps; in the Army, for Officers of the Complementary Officers (QCO), Auxiliary Officers (QAO), Medical Officers (QOM), Pharmaceutical Officers (QOF), and Dental Officers (QOD) ); in Aeronautics, for the Officers of the Medical Officers Board (QOMed), the Pharmaceutical Officers Board (QOFarm), the Dental Officers Board (QODent), the Aeronautical Infantry Officers Board (QOInf), the Specialized Officers Boards in Airplanes (QOEAv), in Communications (QOECom), in Armaments (QOEArm),
Posts Ages
Captain-de-Mar-e-Guerra and Corone 62 years
Captain-de-Frigate and Lieutenant-Corone 60 years
Captain-of-Corvette and Major 58 years
Captain-Lieutenant and Captain 56 years
First Lieutenant 56 years
Second Lieutenant 56 years
c) in the Navy, the Army and the Air Force, for Squares: (Writing amended by Law No. 7666, 1988)
Graduate Ages
Warrant Officer and Warrant Officer 54 years
First Sergeant and steward-Mor 52 years
According to Sergeant and steward-de- First Class 50 years

Graduation Ages
Third Sergeant 49 years
Second Class Corporal and Steward 48 years
Sailor, Soldier and First Class Soldier 44 years
II – complete the General Officer 4 (four) years in the last rank of the respective Force’s peace hierarchy;
II – complete the General Officer 4 (four) years in the last position of the hierarchy, in time of peace, foreseen for each Body or Staff of the respective Force. (Wording given by Law nº 7,659, of 1988)
III – complete the following times of service as Officer-General:
a) in the Bodies or Tables that hold up to the rank of Admiral-of-the-Squad, General-of-Army and Lieutenant-Brigadier, 12 (twelve) years;
b) in the Bodies or Tables that hold up to the rank of Vice-Admiral, General-of-Division and Major-Brigadier, 8 (eight) years; and
c) in the Bodies or Tables that have only the post of Rear Admiral, Brigadier General and Brigadier, 4 (four) years;
IV – to surpass the official for 5 (five) years of permanence in the last position of the peace hierarchy of his Body, Board, Weapon or Service; for the Captain-de-Mar-e-Guerra or Colonel this period will be increased by 4 (four) years if, upon completing the first 5 (five) years in the post, he already has the required course for promotion to the first post of officer -general, or is enrolled in it and will conclude it successfully;
V – is the official covered by the compulsory quota;
VI – for the square covered by the compulsory quota, in the form regulated by decree, for each Singular Force;
VII – if the officer is deemed not qualified for access on a definitive basis, at the time it becomes the object of consideration for entry into an Access Chart or Pick List;
VIII – to let the General Officer, the Captain-de-Mar-e-Guerra or the Colonel to be included in the Pick List to be presented to the President of the Republic, for the number of times established by the Law on the Promotion of Officers of Active Forces of the Forces Armed, when the most up-to-date officer of their respective Body, Staff, Weapon or Service has entered the said Pick List;
IX – is the Captain-de-Mar-e-Guerra or the Colonel, disqualified for access, for being definitively prevented from taking the required course, exceeded 2 (two) times, consecutive or not, by the most modern officer of the respective Corps , Board, Weapon or Service, which has been included in the Pick List;
X – in the Navy and in the Air Force, leave the officer of the penultimate position of Quadro, whose last position is a senior officer, to join the Deserved Access Framework for the number of times established by the Law for the Promotion of Armed Forces Officers, when the most modern officer of the respective Board has entered it;
XI – enter the officer in the Military Magisterium, if the specific legislation so determines;
XII – exceed 2 (two) years, whether continuous or not, on leave to deal with particular interests;
XIII – exceeding 2 (two) continuous years on leave for the treatment of the health of a family member;
XIV – to assume a permanent public position or job foreign to his career, whose functions are teaching;
XV – to exceed 2 (two) years of absence, continuous or not, aggregated by virtue of having started to hold a temporary, non-elective civil public office or job, including indirect administration; and
XVI – to be graduated in an elective position, in the form of letter b, of the sole paragraph, of article 52. (Repealed by Law No. 9,297, of 1996)
§ 1 The transfer to the reserve will take place when the military is qualified in one of the items of this article, except for item V, in which case it will be processed in the first half of March.
§ 2 The transfer to the military reserve under item XIV of this article will take place at the post or graduation he had in active service, and he may accumulate the earnings to which he is entitled in inactivity with the remuneration of the position or job for which he was appointed or admitted. (Repealed by Law No. 9,297, of 1996)
§ 3º The appointment or admission of the military to the public positions or jobs referred to in items XIV and XV of this article can only be made if:
§ 3 ° The appointment or admission of the military to the public positions or jobs referred to in item XV of this article can only be made if: (Wording given by Law No. 9,297, of 1996)
a) official, by the President of the Republic or upon his authorization when the appointment or admission is the responsibility of any other federal, state or municipal authority; and
b) square, with the authorization of the respective Minister.
§ 4 As long as the soldier remains in the position or job mentioned in item XV:
a) he is guaranteed the option between the remuneration of the position or job and that of the post or graduation;
b) can only be promoted by seniority; and
c) length of service is counted only for that promotion and for transfer to inactivity.
§ 5 The Choice List is defined as the one defined as such in the law that provides for the promotions of Armed Forces officers.

Article 99

The compulsory quota, referred to in item V of the previous article, is intended to ensure the renewal, balance, regularity of access and the adequacy of the staff of each Singular Force.

Article 100

To ensure the fixed number of vacancies for the promotion in the manner established in article 61, when this number has not been reached with the vacancies that occurred during the year considered base year, the compulsory quota referred to in the previous article will apply .
§ 1 The compulsory quota is calculated by deducting the vacancies fixed for the base year for a given position:
a) the vacancies fixed for the immediately higher position in that base year; and
b) vacancies during the base year and opened from January 1st (first) until December 31st (thirty-one), inclusive.
§ 2º The vacancies that:
a) result from the setting of compulsory quota for the year prior to the base will not be included in letter b of the previous paragraph ; and
b) opened during the base year, have been filled out by surplus officers in the Bodies, Boards, Weapons or Services or that have reverted to them due to the cessation of the reasons that gave rise to the aggregation, observing the provisions of § 3 of this article .
§ 3 The vacancies resulting from the direct application of the compulsory quota and those resulting from the promotions carried out in the various posts, in view of that initial application, will not be filled by surplus or aggregate officers who revert due to the causes of the aggregation having ceased.
§ 4 Compulsory quotas will only be applied when there are, at the post immediately below, officers who satisfy the access conditions.

Article 101

The appointment of the officers to be part of the compulsory quota will obey the following requirements:
I – initially the requirements presented by the active officers who, counting more than 20 (twenty) years of effective service, will require their inclusion in the compulsory quota, giving – care is given, by priority in each post, to the elderly; and
II – if the number of volunteer officers in the form of item I does not reach the total number of vacancies in the quota fixed in each post, this total will be completed, ex officio, by the officers who:
a) count, at least, as effective time service:
1 – 30 (thirty) years, if General Officer;
2 – 28 (twenty-eight) years, whether Captain-de-Mar-e-Guerra or Colonel;
3 – 25 (twenty-five) years, if Captain-of-Frigate or Lieutenant-Colonel; and
4 – 20 (twenty) years, of Captain-of-Corvette or Major.
b) have an interstice for promotion, when applicable;
c) are included in the quantitative limits of seniority that define the range of those who compete for the constitution of the Access Tables by Seniority, Merit or Choice;
d) even if they do not compete for the constitution of the Access Tables by Choice, they are included in the quantitative limits of seniority established for the organization of the referred Tables; and
e) satisfy the conditions of letters a, b, c and d, in the following order of priority:
1st) do not have the regulatory conditions for the promotion, except for physical incapacity for up to 6 (six) continuous months or 12 (twelve) discontinuous months; among them those of lesser merit to be appreciated by the competent body of the Navy, the Army and the Air Force; on equal merit, the oldest and, in the case of the same age, the most modern;
2nd) cease to integrate the Deserved Access Tables or Choice List, for the greatest number of times in the post, when a more modern officer has joined them; on equal terms, those of lesser merit to be assessed by the competent body of the Navy, the Army and the Air Force; on equal merit, the oldest and, in the case of the same age, the most modern; and
3rd) are the oldest and, in the case of the same age, the most modern.
§ 1 Surplus officers, aggregates and unnumbered officers by virtue of a special law apply the provisions of this article and those related to the compulsory will be transferred to the reserve together with the other components of the quota, not being counted, however, in the total number of vacancies fixed.
§ 2 In the Bodies, Boards, Weapons or Services, in which there is no post of General Officer, only the officers of the last post in the hierarchy who have at least 28 (twenty-eight) years of time may be reached by the compulsory quota. of effective service and the officers of the penultimate and antepenultimate posts who have, at least, 25 (twenty-five) years of effective service.
Paragraph 3. For the purposes of applying the compulsory quota, in the case provided for in item II, letter a, number 1, the addition referred to in item II of article 137 shall be computed.

Article 102

The competent body of the Navy, the Army and the Air Force will organize, until January 31 (thirty-one) of each year, the list of officers destined to integrate the compulsory quota, in the form of the previous article.
§ 1 The official nominees for the annual compulsory quota will be notified immediately and will have to present appeals against this measure, the period referred to in the letter, § 1, Article 51
§ 2 will be related to join the compulsory share the officers who are aggregated because they have been declared lost or deserters.

Article 103

To ensure the adequacy of personnel to the needs of each Body, Staff, Weapon or Service, the Executive Branch may also apply the compulsory quota to Captains-of-Sea-and-War and unnumbered Colonels, as they do not have the required course to ascend to the first rank of General Officer.
§ 1 For the application of the compulsory quota in the form of this article, the Executive Branch will establish a percentage calculated on the number of unpaid officers existing in each Body, Staff, Weapon or Service, on December 31 of each year.
§ 2 The appointment of unnumbered officers to be part of the compulsory quota, who must have at least 28 (twenty-eight) years of effective service, will obey the following priorities:
1st) those who require their inclusion in the compulsory quota;
2) those of lesser merit to be considered by the competent body of the Navy, the Army and the Air Force; on equal merit, the oldest and, in the case of the same age, the most modern; and
3rd) are the oldest and, in the case of the same age, the most modern.
Paragraph 3. The provisions established in article 102 will be observed in the application of the compulsory quota, referred to in the previous paragraph.

Section III – Reform

Article 104

The military’s transition to a situation of inactivity, upon reform, takes place:
I – upon request; and
II – ex officio.

Article 105

Reform on request, exclusively applied to members of the Military Magisterium; if the specific legislation of the respective Force has it, it can only be granted to those who count more than 30 (thirty) years of service, of which 10 (ten), at least, of military teaching time.

Article 106

The ex officio reform will be applied to military personnel who:
I – reach the following age limits for stay in the reserve:
a) for General Officer, 68 (sixty-eight) years;
b) for Senior Officer, including members of the Military Magisterium, 64 (sixty-four) years old;
c) for Captain-Lieutenant, Captain and junior officer, 60 (sixty) years; and
d) for Plazas, 56 (fifty-six) years.
II – is deemed incapable, definitively, for the active service of the Armed Forces;
III – has been in aggregate for more than 2 (two) years for having been temporarily judged incapable, upon approval by the Superior Board of Health, even though it is a curable disease;
IV – is sentenced to the penalty of retirement provided for in the Military Penal Code, by a final and unappealable sentence;
V – being an official, to have it determined in a decision of the Superior Military Court, made as a result of the Justification Council to which it was submitted; and
VI – being a Marine Guard, Aspiring Officer or a square with assured stability, for this purpose, to the respective Minister, in judgment of the Disciplinary Council.
Single paragraph. The military retired in the form of item V or VI can only regain the previous military situation:
a) in the case of item V, by another sentence of the Superior Military Court and under the conditions established therein; and
b) in the case of item VI, by decision of the respective Minister.

Article 107

Annually, in February, the competent body of the Navy, Army and Air Force will organize the list of military personnel, including members of the Military Magisterium, who have reached the age limit for remaining in the reserve, in order to be retired.
Single paragraph. The inactive situation of the military in the paid reserve, when retired due to age limit, does not suffer a solution of continuity, except for the conditions of mobilization.

Article 108

The definitive disability may arise as a result of:
I – injury received in the campaign or in the maintenance of public order;
II – illness contracted in campaign or in the maintenance of public order, or illness whose efficient cause arises from one of these situations;
III – in-service accident;
IV – illness, disease or illness acquired in peacetime, with relation to cause and effect to conditions inherent to the service;
V – active tuberculosis, mental alienation, malignancy, blindness, leprosy, irreversible and disabling paralysis, severe heart disease, Parkinson’s disease, pemphigus, ankylosing spondyloarthrosis, severe nephropathy and other diseases that the law indicates based on the conclusions of specialized medicine; and
VI – accident or illness, disease or illness, with no cause and effect relationship with the service.
§ 1 The cases dealt with in items I, II, III and IV will be proved by a certificate of origin, a health survey of origin or evacuation form, with the terms of the accident, discharge to the hospital, treatment slip in the wards and hospitals, and the discharge records used as subsidiary means to clarify the situation.
§ 2 Military personnel deemed incapable for one of the reasons set out in item V of this article may only be retired after the approval by the Superior Health Board of the health inspection concluded by the definitive incapacity, obeying the specific regulation of each Singular Force.

Article 109

The active military man deemed incapable for one of the reasons listed in items I, II, III, IV and V of the previous article will be retired with any length of service.

Article 110

The active military man deemed incapable for one of the reasons set out in items I and II of article 108 will be retired with remuneration calculated based on the salary corresponding to the immediate hierarchical grade to the one he has on active duty.

The military officer of the active or paid reserve, deemed incapable for one of the reasons contained in items I and II of art. 108, will be retired with the remuneration calculated based on the salary corresponding to the immediate hierarchical grade to the one who has or who had active, respectively. (Wording given by Law No. 7,580, of 1986)
§ 1 The provisions of this article apply to the cases provided for in items III, IV and V of article 108, when, having verified the definitive incapacity, the military is considered invalid, that is, totally and permanently disabled for any job.
§ 2º For the purposes of this article, the immediate hierarchical rank is considered:
a) that of First Lieutenant, for Navy Guard, Aspiring Officer and Non-Officer or Deputy;
b) Second Lieutenant, for First Sergeant, Second Sergeant and Third Sergeant; and
c) that of the Third Sergeant, for Cabo and other squares included in the Table referred to in article 16.
Paragraph 3. The benefits provided for in this article and its paragraphs may be added to others related to remuneration, established in special laws, provided that the military, when reformed, already satisfies the conditions demanded by them.
Paragraph 4. The right of the military provided for in article 50, item II, shall not depend on any of the benefits referred to in the caput and in paragraph 1 of this article, with the exception of the provision in the sole paragraph of article 152. of 31.8.2001)
§ 5 When the square is entitled to the right provided for in article 50, item II, and, jointly, to one of the benefits referred to in the previous paragraph, only the provisions of § 2 of this article will apply. (Revoked by Provisional Measure No. 2,215-10, dated 8/31/2001)

Article 111

The active military man deemed incapable for one of the reasons set out in item VI of article 108 will be retired:
I – with remuneration proportional to the length of service, if official or place with assured stability; and
II – with remuneration calculated based on the full salary of the post or graduation, provided that, with any length of service, it is considered invalid, that is, totally and permanently disabled for any job.

Article 112

Military personnel retired due to permanent incapacity who are deemed fit for health inspection by a higher board, in the degree of appeal or review, may return to active service or be transferred to the paid reserve, according to specific regulations.
§ 1 The return to active service will occur if the time elapsed in the retired situation does not exceed 2 (two) years and as provided for in § 1 of article 88.
§ 2 The transfer to the paid reserve, observing the age limit for the permanence in this reserve will occur if the time elapsed in the retired situation exceeds 2 (two) years.

Article 113

The judicial interdiction of the retired military man by mental alienation must be provided by the Public Ministry, on the initiative of beneficiaries, relatives or guardians, up to 60 (sixty) days from the date of the act of reform.
§ 1 The judicial interdiction of the military and his internment in an appropriate institution, military or not, must be provided by the Military Ministry, under whose responsibility the reform process was prepared, when:
a) there are no beneficiaries, relatives or guardians, or these do not promote the interdiction as provided for in the previous paragraph; or
b) are not satisfied with the treatment conditions required in this article.
§ 2 The processes and acts of registration of the military’s interdiction will be summarized, will be instructed with a report issued by the Military Health Board and exempt from costs.
Paragraph 3. The soldier retired by mental alienation, until the judicial appointment of the curator has occurred, will have his remuneration paid to his beneficiaries, as long as they have him under his custody and responsibility and give him humane and dignified treatment.

Article 114

For purposes of transition to inactivity, upon ex officio reform, the special squares, listed in the Table referred to in article 16, are considered to be:
I – Second Lieutenant: Navy Guards, Aspirants-to-Officer;
II – Navy Guard or Aspiring Officer: the Aspirants, the Cadets, the students of the School of Specialized Air Force Officers, according to the specific case;
III – Sergeant Second: students from the Naval College, the Army Cadets Preparatory School and the Air Cadets Preparatory School;
IV – Sergeant Sergeant: students of a training body for reserve officers and of a school or training center for sergeants; and
V – Cables: Apprentice-Sailors and the other students of squares, active and reserve training bodies.
Single paragraph. The provisions of items II, III and IV are applicable to special places in any school year.

Section IV – Resignation

Article 115

The dismissal of the Armed Forces, applied exclusively to officers, takes place:
I – upon request; and
II – ex officio.

Article 116

Resignation on request will be granted upon request by the interested party:
I – without indemnity to the public coffers, when counting more than 5 (five) years of office, except as provided for in § 1 of this article; and
II – with compensation for expenses made by the Union, with its preparation and training, when counting less than 5 (five) years of official service.
§ 1 Dismissal on request will only be granted upon indemnification of all corresponding expenses, plus, if applicable, those provided for in item II, when the officer has completed any course or internship, in the country or abroad, and has not the following periods have elapsed:
a) 2 (two) years, for a course or internship lasting 2 (two) months or less and less than 6 (six) months;
b) 3 (three) years, for a course or internship lasting 6 (six) months or more and equal to or less than 18 (eighteen) months;
c) 5 (five) years, for a course or internship lasting more than 18 (eighteen) months.
§ 2 The calculation of the indemnities referred to in item II and the previous paragraph will be carried out by the respective Ministries.
§ 3 The resignation officer, upon request, will enter the reserve, where he will remain without the right to any remuneration. Entry into the reserve will be at the same post as in the active service and your situation, including promotions, will be regulated by the Regulations of the Reserve Officers Corps of the respective Force.
§ 4º The right to resign upon request may be suspended under the state of war, state of emergency, state of siege or in case of mobilization.

Article 117

The active officer who starts to hold a permanent public position or job, foreign to his career and whose function is not teaching, will be immediately, upon ex officio resignation, transferred to the reserve, where he will enter with the post he held in active and with the obligations established in the legislation that deals with military service, and cannot accumulate any benefit from inactivity with the remuneration of the position or permanent public employment.

The active officer who starts to hold a permanent public position or job, foreign to his career, will be immediately dismissed ex officio and transferred to the unpaid reserve, where he will enter with the post he held in active duty and with the obligations established in the service legislation military, obeying the precepts of art. 116 with respect to damages. (Wording given by Law No. 9,297, of 1996)

Section V – Loss of Rank and Patent

Article 118

The officer will lose his post and rank if he is declared unworthy of, or incompatible with, the official decision of the Superior Military Court, in peacetime, or of the Special Court, in wartime, as a result of the trial to which he is subjected. .
Single paragraph. The officer declared unworthy of, or incompatible with, the official and condemned to the loss of rank and rank can only regain the previous military situation by another sentence of the courts referred to in this article and under the conditions established therein.

Article 119

The officer who has lost his post and the patent will be dismissed ex officio without the right to any remuneration or indemnity and will receive the military status certificate provided for in the legislation dealing with military service.

Article 120

An officer who:
I – is sentenced, by civil or military court, in a final and unappealable sentence, to a restrictive sentence of individual liberty greater than 2 (two) will be subject to the declaration of indignity to, or incompatibility with, the officer. years;
II – is convicted, in a final and unappealable sentence, for crimes for which the Military Penal Code combines these accessory penalties and for crimes provided for in the special legislation concerning State security;
III – affect the cases, provided for in a specific law, that motivate the judgment by the Justification Council and in this case it is found guilty; and
IV – has lost Brazilian nationality.

Section VI – Licensing

Article 121

The licensing of the active service takes place:
I – upon request; and
II – ex officio.
§ 1 Licensing on request may be granted, provided that there is no prejudice to the service:
a) to the summoned reserve officer, after providing the active service for 6 (six) months; and
b) to the plaza engaged or reengaged, provided that it counts, at least, half the period of service to which it was obliged.
§ 2 The square with assured stability, when licensed for the purpose of enrollment in a Training or Preparatory Education Establishment of another Singular or Auxiliary Force, if it does not complete the course in which it was enrolled, may be reinstated in the original Force, upon application to the respective Minister.
§ 3 The ex officio licensing will be done according to the legislation that deals with military service and the specific regulations of each Armed Force:
a) upon completion of service or internship;
b) for the convenience of the service; and
c) for the sake of discipline.
§ 4 The licensed military officer is not entitled to any remuneration and, except for the ex officio graduate for the sake of discipline, must be included or reincluded in the reserve.
§ 5 ° The ex officio licensee for the sake of discipline will receive the certificate of exemption from military service, provided for in the legislation dealing with military service.

Article 122

The Navy Guard, the Aspirant-a-Officer and the other squares in office or permanent public job, foreign to their career and whose function is not teaching, will be immediately, through ex officio licensing, transferred to the reserve, with the obligations established in the legislation dealing with military service.

The Navy Guard, the Aspirant-a-Officer and the other squares sworn in positions or permanent public employment, foreign to their career, will be immediately, through ex officio licensing, transferred to the unpaid reserve, with the obligations established in the legislation of the military service. (Wording given by Law No. 9,297, of 1996)

Article 123

Licensing may be suspended under a state of war, state of emergency, state of siege or in the event of mobilization.

Section VII – Cancellation of Incorporation and Disincorporation of Praça

Article 124

The annulment of incorporation and disincorporation of the square results in the interruption of military service with the consequent exclusion from active service.
Single paragraph. The legislation that deals with military service establishes the cases in which there will be annulment of the incorporation or disincorporation of the square.

Section VIII – Exclusion of the Square for the sake of Discipline

Article 125

Exclusion for the sake of discipline will be applied ex officio to the Navy Guard, the Aspirant-to-Officer or to squares with assured stability:
I – when so pronounced by the Permanent Council of Justice, in peacetime, or Special Court, in time of war, or Civil Court after these places were condemned, in a final and unappealable sentence, to a restriction of individual liberty exceeding 2 (two) years or, in the crimes provided for in the special legislation concerning State security, the penalty of any duration;
II – when the Permanent Council of Justice, in time of peace, or Special Tribunal, in time of war, so pronounces, for having lost Brazilian nationality; and
III – that affect the cases that motivate the judgment by the Disciplinary Board provided for in article 49 and are found guilty.
Single paragraph. The Navy Guard, the Aspirant-a-Officer or the square with assured stability that has been excluded for the sake of discipline can only regain the previous military situation:
a) by another sentence of the Permanent Council of Justice, in peacetime, or Special Court, in time of war, and under the conditions established therein, if the exclusion was the consequence of a sentence of one of those Courts; and
b) by decision of the respective Minister, if the exclusion was a consequence of having been found guilty by the Disciplinary Board.

Article 126

It is the competence of the Ministers of the Forces Singulares, or authorities to which the competence has been delegated for that, the act of exclusion for the sake of the discipline of the Navy Guard and the Aspirant-a-Officer, as well as the squares with assured stability.

Article 127

The exclusion of the square for the sake of discipline results in the loss of its hierarchical degree and does not exempt it from the indemnities of the damages caused to the National Treasury or third parties, nor from the pensions resulting from a judicial sentence.
Single paragraph. The square excluded for the sake of discipline will receive the certificate of exemption from military service provided for in the legislation dealing with military service, without the right to any remuneration or indemnity.

Section IX – Desertion

Article 128

The desertion of the military leads to an interruption of military service, with the consequent dismissal ex officio for the officer, or the exclusion of active service, for the square.
§ 1 The dismissal of the officer or the exclusion of the square with assured stability will be carried out after 1 (one) year of aggregation, if there is no capture or voluntary presentation before this period.
§ 2 The square without assured stability will be automatically excluded after being officially declared a deserter.
§ 3 The deserter military person who is captured or who voluntarily presents himself, after having been dismissed or excluded, will be reinstated in the active service and, afterwards, added to be processed.
§ 4 The definitive reinstatement of the military referred to in the previous paragraph will depend on a judgment by the Council of Justice.

Section X – Death and Loss

Article 129

The active military man who dies will be excluded from active service and disconnected from the organization to which he was linked, from the date of the death.

Article 130

The loss of the military on active duty interrupts military service, with the consequent temporary removal from active service, from the date on which it is officially considered lost.
§ 1 The exclusion from the active service will be made 6 (six) months after the aggregation due to loss.
§ 2 In the event of shipwreck, aerial accident, catastrophe, public calamity or other officially recognized accidents, the loss or disappearance of active duty military personnel shall be considered, for the purposes of these Statutes, as death, as soon as the maximum periods of possible survival are exhausted or when the rescue arrangements are considered closed.

Article 131

The reappeared soldier will be submitted to the Justification Council or the Disciplinary Council, by decision of the Minister of the respective Force, if deemed necessary.
Single paragraph. The reappearance of a lost military man, already excluded from active service, will result in his reinclusion and new aggregation while the causes that led to his removal are investigated.

Chapter III – Rehabilitation

Article 132

The rehabilitation of the military will be carried out:
I – in accordance with the Military Penal Code and the Military Criminal Procedure Code, if you have been sentenced, by final sentence, to any penalties provided for in the Military Penal Code;
II – according to the legislation that deals with military service, if you have been excluded or licensed for the sake of discipline.
Single paragraph. In cases where the conviction of the military results in his exclusion for the sake of discipline, the rehabilitation provided for in the legislation dealing with military service may precede that carried out in accordance with the Military Penal Code and the Military Criminal Procedure Code.

Article 133

The granting of rehabilitation implies that the military’s criminal record and the records contained in his military settlements or alterations are canceled, upon registration, or that his supporting documents regarding the military situation are replaced by those appropriate to the new situation.

Chapter IV – Length of Service

Article 134

The military begins to count service time in the Armed Forces from the date of its entry into any military organization of the Navy, the Army or the Air Force.
§ 1 The entry date, for the purposes of this article, is considered:
a) that of the act in which the summoned or volunteer is incorporated into a military organization;
b) registration as a special place; and
c) the act of appointment.
§ 2 The length of service as a student of the reserve training agency is computed only for the purpose of inactivity on the basis of 1 (one) day for each period of 8 (eight) hours of instruction, provided that the training is successfully completed. military.
§ 3 – The reincluded soldier starts counting the time of service from the date of his reinclusion.
§ 4 When, for reasons of force majeure, officially recognized, resulting from fire, flood, shipwreck, aerial accident and other calamities, data are missing for counting length of service, it will be the responsibility of the Military Ministers to arbitrate the time to be computed for each particular case , according to the available elements.

Article 135

In determining the length of military service, a distinction will be made between:
I – length of effective service; and
II – years of service.

Article 136

Effective service time is the period of time computed day by day between the date of entry and the deadline established for counting or the date of termination as a result of the exclusion of the active service, even if such time is divided into installments.
§ 1 The service time in the campaign is computed by double as effective service time, for all purposes, except for indication for the compulsory quota.
§ 2 The time spent in the military organizations, by the reserve soldier called or mobilized, in the exercise of military functions, will also be counted as effective service time.
§ 3º In addition to the leave provided for in Article 65, the period in which the military is absent from the exercise of his duties under special license shall not be deducted from the period of effective service.
§ 4º To the time of effective service, referred to in this article, calculated and totaled in days, the divisor 365 (three hundred and sixty-five) will be applied to obtain the corresponding years of effective service.

Article 137

Years of service is the expression that designates the time of effective service referred to in the previous article, with the following additions:
I – time of federal, state or municipal public service, provided by the military prior to his incorporation, registration, appointment or re-inclusion in any military organization;
II – 1 (one) year for every 5 (five) years of effective service provided by the officer of the Health, Veterinary, Corps or Service who has a university degree until this increase completes the total number of years of normal duration of said course, without overlapping any time of military or public service eventually provided during the course; (Revoked by Provisional Measure No. 2,215-10, dated 8/31/2001)
III – computable length of service during the period registered as a student of the reserve training agency;
IV – time relative to each special leave not taken, double counted; (Revoked by Provisional Measure No. 2,215-10, dated 8.31.2001)
V – time related to unaccomplished vacations, double counted; (Repealed by Provisional Measure No. 2,215-10, dated 8/31.2001)
VI – time spent effectively by the military in the special garrisons and counted in the manner established in regulation, however ensuring the rights and advantages of the military supported by legislation in force in time.
VI – 1/3 (one third) for each consecutive period or not of 2 (two) years of effective service spent by the military in the special garrisons of Category “A”, as of Law No. 5,774, of December 23, 1971. (Wording given by Law No. 7,698, of 1988)
§ 1 The additions referred to in items I, III and VI will be computed only at the moment of the military’s transition to the inactive situation and for that purpose.
§ 2º The additions referred to in items II, IV and V will be counted only when the military is transferred to a situation of inactivity and, in this situation, for all legal effects, including regarding the definitive perception of length of service bonus , except as provided for in § 3 of article 101. (Repealed by Provisional Measure No. 2,215-10, dated 8/31/2001)
Paragraph 3. The provisions of item II shall apply, under the same conditions and in the form of specific legislation, to holders of university degrees, officially recognized, who may be used as officers of the Armed Forces, provided that this course is an essential requirement. for your use. (Revoked by Provisional Measure No. 2,215-10, dated 8.31.2001)
§ 4 It is not computable for any purpose, except for the purposes of indicating the compulsory quota, the time:
a) exceeding 1 (one) year, continuous or no, on sick leave for family members;
b) passed on leave to deal with a particular interest;
b) spent on leave to treat a private interest or to accompany a spouse or partner; (Wording given by Law nº 11.447, of 2007)
c) spent as a deserter;
d) elapsed in compliance with the penalty of suspension from the exercise of the post, graduation, position or function by a final and unappealable sentence; and
e) elapsed in fulfillment of a sentence restricting freedom, by a final and unappealable sentence, provided that no conditional sentence suspension has been granted, when, then, the time corresponding to the sentence period will be computed only for the purposes of indicating the quota. compulsory and what exceeds it, for all purposes, if the conditions stipulated in the sentence do not prevent it.

Article 138

Once the time of effective service and its additions, as foreseen in articles 136 and 137, are computed, and at the moment of the military’s transition to a situation of inactivity, for the reasons provided for in items I, II, III, IV, V, VI, VII VIII, IX and X of article 98 and in items II and III of article 106, the fraction of time equal to or greater than 180 (one hundred and eighty) days will be considered as 1 (one) year for all legal purposes. (Revoked by Provisional Measure No. 2,215-10, dated 8/31/2001)

Article 139

The time that the military spent or will spend away from the exercise of his duties, as a result of injuries received in an accident while on duty, in combat, in the defense of the Fatherland and in guaranteeing the constituted powers, law and order, or disease acquired in the exercise of any military function, will be computed as if it had passed in the effective exercise of those functions.

Article 140

Campaign service time means the period in which the military is in war operations.
Single paragraph. The military’s participation in activities dependent on or arising from war operations will be regulated in specific legislation.

Article 141

The length of service of military personnel benefiting from amnesty will be counted as establishing the legal act to grant.

Article 142

The deadline established for the end of the counting of years of service for the purpose of transition to inactivity will be the termination due to the exclusion of the active service.

Article 143

In the counting of the years of service, no overlapping of the federal, state and municipal public service times or spent in indirect administration, among themselves, nor with the increase of time, for those who have a university degree, nor with time, can be computed. computable service after joining the military organization, enrollment in a military training agency or appointment to a post or graduation in the Armed Forces.

Chapter V – Marriage

Article 144

The active military can marry, provided the specific civil legislation is observed.
§ 1 The Navy Guards and the Aspiring-to-Officer cannot contract marriage, except in exceptional cases, at the discretion of the Minister of the respective Force.
§ 2 ° Marriage is prohibited to special places, at any age, while they are subject to regulations. the bodies for the training of officers, graduates and officers, whose requirements for admission require a single status, except in exceptional cases, at the discretion of the Minister of the respective Armed Forces.
Paragraph 3. Marriage to a foreign woman may only be carried out after authorization by the Minister of Armed Forces to which the soldier belongs.

Article 145

Special places that contract marriage in violation of §§ 1 and 2 of the previous article will be excluded from active service, without the right to any remuneration or indemnity.

Chapter VI – Service Rewards and Dispensations

Article 146

The rewards are recognition of the good service provided by the military.
§ 1 The following are rewards:
a) Merit Honor awards;
b) decorations for services rendered in peace and war;
c) praise, praise and commendable references; and
d) layoffs.
§ 2 The rewards will be awarded in accordance with the rules established in the regulations of the Navy, the Army and the Air Force.

Article 147

Exemptions from service are authorizations granted to the military for total removal from service, on a temporary basis.

Article 148

Service exemptions may be granted to the military:
I – as a reward;
II – for vacation discounts; and
III – as a result of medical prescription.
Single paragraph. Service waivers will be granted with full compensation and counted as effective service time.

Title V – General, Transitional and Final Provisions

Article 149

The transfer to the paid reserve or the reform does not exempt the military from indemnifying the losses caused to the National Treasury or third parties, nor from the payment of pensions resulting from a judicial sentence.

Article 150

Religious Assistance to the Armed Forces is regulated by specific law.

Article 151

It is forbidden for civil organizations to use designations that may suggest their attachment to the Armed Forces.
Single paragraph. Exceptions to the requirements of this article are associations, clubs, circles and other organizations that bring together members of the Armed Forces and that are intended, exclusively, to promote social and assistance exchange between the military and their families and between them and civil society.

Article 152

To the military supported by one or more of Laws No. 288, of June 8, 1948, 616, of February 2, 1949, 1,156, of July 12, 1950, and 1,267, of December 9, 1950, and who by virtue of the provisions of article 62 of this Law, you will no longer enjoy the promotions provided for in those laws, the payment of inactivity related to the post or graduation to which you would be promoted due to the application of the said laws.
Single paragraph. The inactivity remuneration ensured in this article may not exceed, in any case, that which would be due to the military, if he was promoted up to 2 (two) hierarchical degrees above that he had when processing his transfer to the reserve or retirement, including in this limitation the application of the provisions of § 1 of Article 50 and of Article 110 and its § 1.

Article 153

In the passage to the paid reservation, the military obliged to the flight will be counted the additions of time of effective service resulting from the flight hours carried out until October 20, 1946, in the form of the legislation then in force.

Article 154

The Air Force military personnel who, due to illness, accident or psychophysiological deficiency, verified in health inspection, in the regulatory form, are considered definitively incapacitated for the exercise of the aerial activity, required by specific regulations, will only become inactive if this incapacity is also for all military service.
Single paragraph. Aeronautics’ own regulations establish the situation of the personnel covered by this article.

Article 155

Cables that, on the date of the validity of this Law, have acquired stability will be allowed to remain in active service, exceptionally, according to the interest of the respective Singular Force, until they reach 50 (fifty) years of age, subject to other legal provisions.

Article 156

Pending the entry into force of a new Military Pensions Law, articles 76 to 78 of Law No. 5,774, of December 23, 1971. will be considered effective (Revoked by Provisional Measure No. 2,215-10, of 8/31/2001)

Article 157

The provisions of these Bylaws are not retroactive to achieve situations defined before the effective date.

Article 158

After the validity of the present Statute, all legal and regulatory provisions that have or may have relevance will be adjusted to it.

Article 159

These Bylaws will come into effect as of January 1, 1981, except as provided for in item IV of article 98, which will be effective 1 (one) year after the date of publication of this Law.
Sole paragraph. Until the entry into force of the provision in item IV of article 98, the provisions of items IV and V of article 102 of Law No. 5,774, of December 23, 1971, will remain in effect.

Article 160

Except for the provisions of article 156 and the sole paragraph of the previous article, Law No. 5,774, of December 23, 1971, and other provisions to the contrary are hereby revoked. (Revoked by Provisional Measure No. 2,215-10, dated 8/31/2001)

 

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