Estatuto da PMAL - (Lei Estadual nº 5.346/1992) - Prof Diego Correia

Summary

In this lesson, Professor Diego Corrêa explains the key concepts from the Military Police Statute of Alagoas, focusing on special situations like 'ausente' (absent), 'desertor' (deserter), 'desaparecido' (missing), and 'extraviado' (lost). He provides real-world examples and outlines the legal consequences for each situation, emphasizing their importance for exam preparation. The professor also highlights how these topics have been tested in previous exams, with a specific focus on the criteria for desertion and absence, encouraging students to study these concepts for successful exam results.

Takeaways

• 😀 The topic of the lecture focuses on special situations in the Statute of the Military Police of Alagoas, including absence, desertion, and disappearance of police officers.
• 😀 The concept of 'absence' in the military context refers to a police officer who fails to attend or leaves their duties without permission for more than 24 consecutive hours.
• 😀 Police officers who are absent with intent (dolo) for more than 24 hours may be considered as deserters, and this situation is highly relevant for exams in the state.
• 😀 Desertion occurs when a police officer abandons their duties for over eight days without permission. This is categorized as a serious breach and leads to exclusion from the service.
• 😀 A police officer who is absent for more than 24 hours and has no valid reason is considered a deserter, and this might result in their exclusion from the military service.
• 😀 Officers who desert for more than six months may be demoted or excluded from service after due legal procedures are followed, depending on their rank and stability.
• 😀 For officers who have more than 10 years of service, desertion will lead to their being considered 'aggregated' (suspended), but they must undergo a legal process before exclusion.
• 😀 'Disappeared' officers are those whose whereabouts are unknown while performing their duties or in situations like public calamities. They are not automatically considered deserters.
• 😀 Officers declared as 'disappeared' after more than eight days may return to duty after a health inspection, provided their absence was not due to any illegal action or desertion.
• 😀 An officer who has been missing for over 30 days and is found to be extraviated will be treated as aggregated and excluded from service after six months of such status.
• 😀 A recurring theme in exams is the classification of officers as 'absent' or 'deserters,' which directly impacts their status, duties, and legal consequences for the Military Police.

Q & A

What is the significance of the 'special situations' in the context of the Military Police Statute of Alagoas?

The 'special situations' are crucial for understanding various scenarios in which a military police officer can be excluded from active service. These situations include absenteeism, desertion, disappearance, and being missing. The topic is heavily tested in exams, with multiple occurrences in recent years, including in 2012, 2017, and 2021.

What defines a police officer as 'absent' under the Military Police Statute?

A police officer is considered 'absent' if they fail to attend or leave their duties without permission (license or authorization) for more than 24 consecutive hours. This absence is intentional, as it involves deliberate action on the officer's part, with the absence lasting over a full day.

What happens if a police officer remains absent for more than 8 days?

If a police officer remains absent for more than 8 days, they are classified as a 'deserter.' This could lead to exclusion from active service, particularly if the officer fails to report back or provide valid reasons for their absence.

What is the term 'aggregate' used in the context of desertion in the Military Police Statute?

The term 'aggregate' refers to a situation where a police officer, having committed desertion, is temporarily suspended from active service. It is a formal process used for officers and applies to both officials and certain lower ranks (soldiers). A police officer can be considered 'aggregated' for up to six months before further actions are taken.

What consequences does a police officer face if they desert for more than 6 months?

If a police officer is considered a deserter for more than six months, they are subjected to dismissal or exclusion from active duty. This applies to officers in different ranks, including those with stability in service.

What is the difference in treatment between officers and enlisted personnel (soldiers) regarding desertion?

The treatment differs in that an officer who deserts can be aggregated, whereas an enlisted personnel (soldier) with stability is automatically dismissed from service if they are found guilty of desertion. For soldiers without stability, they are removed from service through licensing, not dismissal.

How is a police officer categorized as 'missing' under the Military Police Statute?

A police officer is considered 'missing' if they disappear while performing their duties or in situations of public calamity. Their whereabouts are unknown, and there are no indications of desertion or intentional absence. A missing officer's case is different from a deserter's case because it involves circumstances beyond their control.

How does the law treat a police officer who has been missing for more than 30 days?

An officer who is missing for more than 30 days is classified as 'extraviated' under the law. They are aggregated, meaning they are temporarily removed from active service. If they do not return after six months, they will be permanently excluded from service.

What is the significance of 'consecutive days' in the context of absenteeism and desertion?

The law specifically uses the term 'consecutive days' to define the duration of absence or desertion. For absenteeism, more than 24 consecutive hours result in absentee status, while desertion requires absence for over eight days. These time frames are crucial for determining the legal consequences, such as exclusion or aggregation.

What happens if a deserter returns voluntarily after being absent for a long period?

If a deserter returns voluntarily after being absent for an extended period, they will undergo a health inspection. Depending on the results, they might be re-integrated into service or excluded if deemed unfit to return.