Nature, compulsory character, and duration of Military Service
Nature and compulsory character of Military Service
Art. 4. The Military Service consists of the exercise of specific activities carried out by the Armed Forces–Army, Navy, and Air Force– and shall encompass, in case of mobilization, all the duties related to national defense.
Paragraph 1. The Military Service is based on the conscious cooperation of Brazilians—spiritual, moral, physical, intellectual, and professional—in national defense.
Paragraph 2. Through its activities, the Military Service contributes to the moral and civic education of Brazilians of military age and provides them with appropriate instruction for national defense.
Art. 5. All Brazilians are obligated to render Military Service in accordance with the LSM and this regulation.
Paragraph 1. Women are exempted from Military Service in times of peace and are subject to the duties of interest to mobilization, pursuant to their aptitudes.
Paragraph 2. The rendering of Military Service by female volunteers is permitted.
Paragraph 3. Military Service as referred to in the preceding paragraph may be adopted by each Armed Force according to its criteria of convenience and opportunity.
Paragraph 4. Those who are Brazilians through naturalization or by choice are subject to Military Service as of the date on which they receive their naturalization certificate or sign their choice declaration.
Art. 6. The activities to which women are subject in case of mobilization are specified in art. 10(2)(3) of this Regulation.
Art. 7. Entry-level Military Service shall be rendered by classes consisting of Brazilians who attain the age of 19 (nineteen) years and were born between January 1 and December 31 of the same year.
Sole paragraph. A class shall be designated by the year of birth of the Brazilians that make it up and the corresponding recruiting for rendering Military Service shall be established by this Regulation.
Art. 8. Brazilians who match the conditions prescribed in the LSM and in this Regulation shall render the Military Service as enlisted men in Active List Military Organizations or in Reserve Training Outfits.
Art. 9. Conditions for the rendering of compulsory Military Service under other forms and at other stages are established herein and by special legislation.
Art. 10. During mobilizations, Military Service shall encompass the rendering of services:
(1) in the form prescribed in arts. 7 and 9 of this Regulation;
(2) according to military needs related to mobilization duties; and
(3) in civilian organizations of interest to national defense.
Duration of Military Service
Art. The obligation of rendering Military Service in times of peace begins on January 1 of the year in which Brazilian men attain the age of 18 (eighteen ) years and lasts through December 31 of the year in which they attain the age of 45 (forty-five) years.
Sole paragraph. In war time, this period may be extended in the interest of national defense.
Art. 20. Brazilians shall be permitted to render Military Service as volunteers as of the year in which they attain the age of 17 (seventeen) years up to the age limit set in the preceding article, in the form prescribed in art. 127 and its paragraphs of his Regulation.
Art. 38. Recruitment is for the rendering of compulsory or voluntary Military Service pursuant to arts. 5 and 127 of this Regulation.
(1) call (for the two types of service);
(3) call for induction or enrollment (designation); and
(4) induction into or enrollment in Active List Military Organizations or Reserve Training Outfits.
Selection and Enlistment
Art. 39. The selection of the class to be called up or of volunteers shall be based on the following aspects:
(3) psychological; and
Art. 40. All Brazilians must report for selection or regularization of their military status in the year in which they attain the age of 18 (eighteen) years, independently from Edicts, Advices, or Notifications, at the location and the time specified in this Regulation and in the Call Plans and Instructions.
Sole paragraph. Brazilians may report first for enlistment and then for the selection proper.
Art. 41. Enlistment is compulsory and precedes selection.
Paragraph 1. Compulsory reporting for enlistment shall occur in the first six months of the year in which a Brazilian attains the age of 18 (eighteen) years. Volunteers for rendering Military Service may report themselves as of the date on which they attain the age of 16 (sixteen) years. Brazilians by naturalization or by choice should report within 30 (thirty) days as of the date they receive the naturalization certificate or sign their choice declaration.
Paragraph 2. Enlistment shall be normally done by the enlisting office in the home locality or, exceptionally, by another enlisting body, if circumstances thus warrant, in the latter’s view, and by Brazilian Consulates, in the case of men residing abroad. The enlisting bodies shall function normally throughout the year.
Paragraph 3. Brazilians who reside abroad o happen to be abroad near the location of a Brazilian representation may report voluntarily to said representation for enlistment.
Paragraph 4. The inexistence of an enlisting body in a Brazilian’s home locality under no circumstances shall exempt him from compulsory enlistment at the time prescribed in paragraph 1 of this article.
Paragraph 5. Brazilians who fail to report for enlistment in the form herein prescribed shall:
(1) be subject to a minimum fine established under art. 176 (1) hereof; and
(2) be enlisted by any enlisting body to which they may report for any reason.
Art. 42. Upon enlisting, all Brazilians shall promptly receive from the enlisting body, free of charge, a Military Enlistment Certificate (CAM).
Paragraph 1. At the issuing of the CAM, the expiration date entered on it shall be December 1 of the year preceding the induction of the class to which the enlisted man belongs or to which he is attached.
Paragraph 2. At the expiration date set above, provided the enlisted man is in compliance with his military obligations, CAM’s validity shall be extended as follows:
(1) up to the date of induction or enrollment;
(2) up to the date of receipt of an Induction Exemption or Induction Waiver Certificate, as the case may be; or
(3) for as long as the induction’s deferment.
Art. 43. At the time of reporting to the enlisting body of their home locality, pursuant to arts. 40 and 41 hereof, a Brazilian must produce the following documents:
(1) a birth certificate or equivalent. A naturalized Brazilian or a Brazilian by choice shall submit proof of naturalization or a choice declaration certificate;
(2) two 3cm x 4 cm photographs; and
(3) a statement to the effect that he has not been enlisted by another enlisting body, signed by himself or by another person in good faith. This statement may be entered into a Military Enlistment Form (FAM) to be filled out by the enlisting body.
Paragraph 1. Enlistment candidates who live in noncontributing municipalities and who are breadwinners must submit proof thereof and an application form requesting waiver from induction, pursuant to art. 104, paragraph 10 hereof.
Paragraph 2. A Brazilian whose birth has not been registered and who has no valid identification document or who ignores whether he was registered or his birthplace:
(1) shall be enlisted on the basis of statements by two identified witnesses about his name, date and place of birth, parents, marital status, residence, and profession. This information shall be entered into a special book and shall be provisionally valid solely for the purposes of Military Service. The CAM shall bear the following notation (stamped in red): “Not valid as proof of identity, as no valid identification document has been submitted;”
(2) In case of induction, it shall be incumbent upon the Commander, Chief, or Director to see that the enlisted man regularizes his situation vis-à-vis the civil record, during the rendering of entry-level Military Service, or that he takes steps to obtain a birth record or a pertinent legal justification;
(3) In case the enlisted man is dispensed or exempted from Military Service, his pertinent Certificate shall contain the notation referred to in (1) of this paragraph, unless he has presented a valid identification document in proper time;
(4) Brazilians who have been accorded preference for one or another of the Armed Forces, pursuant to art. 69 hereof, shall enlist at an enlisting body of the pertinent Ministry.
Art. 49. Selection for the Armed Forces shall be done by Selection Commissions (CSs) specifically designated by the competent authority and shall consist of active list or reserve military and, if needed, shall be completed by duly qualified civilians. These Commissions shall act in accordance with particular instructions, at the locations and times established in the Call Plans and Instructions.
Paragraph 1. The Military Minister concerned shall establish the indemnities and remuneration of civilian or reserve medical doctors who, although not called, shall cooperate in the medical checkups carried out by the Selection Commissions.
Paragraph 2. Brazilians who reside in contributing municipalities and who for some reason fail to report themselves at the time established for the selection of their class and of those attached to said class may present themselves during the period of induction to the Selection Commissions that will be functioning in the Organizations designated for this purpose, without prejudice to the sanctions (fines) for which they may be liable.
Paragraph 3. Naturalized Brazilians and Brazilians by choice shall be subject to the first selection taking place after the issuing of their naturalization certificate or choice declaration document.
Paragraph 4. Brazilians living in any municipality may present themselves for selection upon attaining the age of 16 (sixteen) years, provided they meet the conditions established by the Military Ministries for their acceptance as volunteers, pursuant to the provisions of this Regulation’s art. 127 and its paragraphs.
Paragraph 5. Once they have presented themselves, volunteers referred to in the preceding paragraph 4 shall be subject to the same obligations imposed on the class to be called, in accordance with the conditions established at their enlistment for their acceptance.
Paragraph 6. Brazilians who reside or who find themselves abroad near a Brazilian representation where a CS is at work may voluntarily present themselves for selection.
Art. 50. In addition to enlistment, the selection shall consist of:
(1) medical checkup and other tests, at the discretion of the Military Ministries,
(2) selection tests;
(3) interview; and
(4) consideration of other available elements.
Sole paragraph. The selection referred to in this article shall be done pursuant to instructions handed down by the concerned Military Minister.
Art. 51. The CSs that, in principle, will function in the contributing municipalities shall consist of at least three officers, a medical doctor, and a Military Service District Chief having jurisdiction over the District. Enlisted men, as assistants, and the Military Service Board (JSM) Secretaries stationed in the municipality shall also form part of the CSs.
Paragraph 1. If convenient, officers of the other Armed Forces may also take part in the CSs, subject to prior arrangements by the RM, DN, and ZAe Commanders.
Paragraph 2. The CSs may be stationary or mobile.
Art. 52. Those subjected to the medical checkup for the purposes of Military Service shall be classified into four groups:
(1) Group A, if they meet the regulation requirements and are physically strong. They may present minor injuries, handicaps or diseases, provided these do not interfere with Military Service;
(2) Group B-1, if they are temporarily incapacitated but are likely to recover soon;
(3) Group B-2, if they are temporarily incapacitated, likely to recover, but their recovery may require a long period or if any lesions, defects or diseases they may bear make their induction or enrollment unadvisable.
(4) Group C, if they are definitively incapacitated (irrecoverable) owing to lesion, disease or handicap deemed incurable and incompatible with Military Service.
Sole paragraph. The reports entered into the medical examination records shall be as follows:
(2) “Unfit B-1”;
(3) “Unfit B-2”;
(4) “Unfit C”.
Art. 53. Conscripts subjected to the medical examination at the time of enlistment that are classified as “Fit A”, “Unfit B-1”, or “Unfit B-2” shall be subjected to another medical checkup at the time of selection, as provided in art. 46, paragraph 2 hereof. Only those who have been classified as “Fit A” 6 (six) months earlier may be exempted from this second checkup, at the CS’s discretion.
Art. 54. Conscripts and volunteers classified as “Fit A” shall be subjected to tests and interviews, pursuant to the instructions for selection handed down by the Military Ministers.
Art. 55. Conscripts classified as “Unfit B-1” shall have their induction deferred for a year and shall report for selection with the next class. On their respective CAMs shall be entered their group classification, the diagnosis number, and the date and place where they must report for a new medical examination.
Paragraph 1. At their request, those concerned may be sent again for medical evaluation at the time of their class’s induction, provided they submit proof of treatment of the condition that led to their temporary incapacitation. If found to be fit, they will be inducted with their class.
Paragraph 2. On the initiative of the Armed Force in which the selection takes place and in accordance with the means available, conscripts may undergo treatment for the condition that caused their temporary incapacitation and be sent for another medical examination at the time their class is inducted. If found to be fit, they will be inducted with the same class.
Art. 56. Conscripts classified as “Unfit B-1” at two medical examinations held for the selection of two different classes, whatever the diagnostic, shall be promptly included in the excess contingent. A notation shall be entered into their CAMs indicating the group in which they have been classified and the diagnostic number, together with the expression “Excess contingent.”
Sole paragraph. Conscripts classified as “Unfit B-1,” based on the same diagnosis or on a different diagnosis at two medical checkups undergone 6 (six) months apart during the selection of the same class, may be sent for prompt inclusion in the excess contingent, at the discretion of the RM, DN or ZAe Commanders, as there are no other needs to be met. One of the checkups may be done at the time of enlistment. Notations identical to those prescribed in this article shall be entered into the respective CAMs, if applicable.
Art. 57. Conscripts classified as “Unfit B-2” shall be promptly included in the excess contingent and the pertinent notations indicated in the preceding articles shall be entered into their CAMs.
Sole paragraph. The rehabilitation of conscripts referred to in this article, as well as of those classified as “Unfit B-1” pursuant to the preceding article and its sole paragraph, shall, at the request of those concerned, be undertaken at once, pursuant to art. 110, paragraphs 1 and 2 hereof.
Art. 58. Conscripts and volunteers classified as “Unfit C” at any of the medical examinations shall be issued an Exemption Certificate by the authorities indicated in art. 165, paragraph 1 hereof.
Art. 59. Bearers of injuries, handicap, or incurable disease, who are clearly unfit for Military Service, may, at any time after they attain the age of 17 years, apply for the Exemption Certificate to the CSMs or pertinent Navy and Air Force organs, if they live in the country, or to the DSM, DPM or DPAer, through Brazilian Consulates, if they live abroad. These prescriptions apply also to those who live in noncontributing municipalities.
Sole paragraph. The applications referred to in this article shall be accompanied by the requisite documents to prove the alleged condition and it shall be incumbent upon the CSMs or pertinent Navy and Air Force bodies and to the Brazilian Consulates to take the necessary steps to verify the veracity of the allegations, whether directly, through their own organs, or through request to other official bodies available.
Art. 60. Conscripts that are clinically prevented from reporting for selection may apply for the regularization of their military status to the RM, DN or ZAe directly or through the stationary or mobile CMSs, submitting at the same time a medical certificate attesting to their physical or mental deficiency or locomotion impairment. If they are staying in hospitals or specialized clinics, the Director of these establishments must notify the conscripts’ condition to the RM, DN or ZAe, who shall then adopt the pertinent measures.
Art. 61. The Military Ministers shall, through their respective Health Boards, hand down instructions for the medical examination of conscripts, so as to meet the Ministries’ different needs.
Paragraph 1. Said Health Boards shall study the results of the medical examinations done each year, taking into account the requirements of future examinations and the interest the problems may have in respect of the population’s physical condition.
Paragraph 2. The findings of this study shall be conveyed at the same time to the EMFA and the Ministry of Health.
Art. 62. Conscripts who must travel to the selection locations must do so at their own expense.
Art. 63. The annual selection of the contingent shall have the cooperation, at the request of the RM, DN, and ZAe Commanders, of the medical services of federal agencies and, by prior consent and agreement, of the state and municipal medical services, as well of autarchic or mixed-economy entities and of the private sector, with a view to employing the most appropriate medical examination procedures.
Art. 64. Selection for Enrollment in Reserve Training Outfits shall take place at the same time as the selection of the class to be called up, in accordance with the provisions of the Call Plans and of the regulations of the respective Organs.
Paragraph 1. For this selection, the general prescriptions herein set out shall be followed, whenever applicable.
Paragraph 2. The Selection Commissions for enrollment in the Tiro-de-Guerra [alternative local military training program] may consist of the Tiro-de-Guerra Director, the Military Service District Delegate or by the Tiro-de-Guerra instructor, and a local medical doctor designated by the RM Commander, pursuant to the legislation in force.
Call and distribution of contingent
Art. 65. Each year Brazilians belonging to a single class and those referred to in art. 111, sole paragraph hereof shall be called for rendering Military Service in the Armed Forces.
Art. 66. The class called shall consist of all Brazilians who shall attain the age of 19 (nineteen) years between January 1 and December 31 of the year in which they must be inducted into an Active List Military Organization or enrolled in a Reserve Training Outfit.
Paragraph 2. Active List Military Organization shall mean Autonomous Units, Departments, Establishments, Ships, Naval and Air Force Bases, and any other tactic or administrative units that form part of the Army, Navy, and Air Force’s organic whole.
Paragraph 2. Reserve Training Outfit is the generic denomination assigned the outfits devoted to training officers, noncommissioned officers, and soldiers for the Reserve.
Paragraph 3. The cadre-subunits in charge of training specialist soldiers, rank noncommissioned officers, and specialists for both the active list and the reserve shall be considered as an Active List Military Organization or a Reserve Training Outfit, as the case may be.
Art. 67. The call for entry-level Military Service shall be regulated annually by the General Conscription Plan prepared by the EMFA, with the participation of the Military Ministries, in which the following shall be specified:
(1) Class to be called;
(2) Times of selection and induction or enrollment of conscripts;
(3) Municipalities contribution with conscripts, pursuant to the provisions of arts. 35, 36, and 37 hereof;
(4) Distribution of contingents, according the needs of the Military Ministries; and
(5) Other necessary prescriptions.
Paragraph 1. The General Conscription Plan for entry-level Military Service shall be issued in May of the year in which the class to be drafted attains the age of 18 (eighteen) years. In this connection, the Military Ministers shall submit their proposals to EMFA in April of the same year.
Paragraph 2. The municipalities’ contribution of conscripts shall be specified in an Annex to the General Conscription Plan for distribution to the concerned Ministries.
Art. 74. Once they have satisfactorily met the selection requirements, Brazilians shall be considered as drafted for incorporation or enrollment and:
(1) Shall be assigned to their destination: or
(2) Shall be included in the excess contingent.
Paragraph 1. Their CAMs shall be returned to them, annotated as follows:
(1) with the expression “Assigned for induction (or enrollment) and the date and place for reporting to finalize the procedure; or
(2) with the expression “Excess contingent” and the corresponding revalidation of the CAM through December 31 of the year in which their class is to be inducted.
Paragraph 2. Brazilians who are selected by Navy or Air Force bodies and who have exceeded these Forces’ induction or enrollment needs, after the necessary additions, shall be instructed to report to the Army’s selection bodies for possible induction or enrollment with their class.
Paragraph 3. The excess conscripts’ reporting referred to in the preceding paragraph shall be done so that they may participate in the Army’s selection of their class or at least in the selection for the first period of their class’s induction.
Paragraph 4. Those in the preferential category referred to in art. 69 hereof shall be exempted from this reporting, at the discretion of the respective Force.
Art. 75. Induction is the act whereby conscripts or volunteers are included in an Active List Military Organization of the Armed Forces.
Paragraph 1. Induction for rendering entry-level Military Service may be done in more than one period in all or some of the RMs, DNs, or ZAe(s) or Armed Forces Organizations, as proposed by the Military Ministers and indicated in the General Conscription Plan and regulated in the related documents.
Paragraph 2. All Brazilians who, after being selected, have been called for induction and been assigned a destination shall be subject to induction.
Paragraph 3. Those who are thus called but fail to report themselves at the appointed time at the destination to which they have been assigned shall be declared draft dodgers.
Art. 76. To the extent possible, conscripts shall be inducted into an Active List Military Organization located in their home municipality.
Art. 77. Each Military Organization shall be assigned a contingent equal to its induction requirements, with the addition of a variable percentage to be set by the Regional Conscription Plans and by the instructions issued by the DN(s) and ZAe(s) to fill gaps arising from any reason.
Art. 78. Active List Military Organizations may do a complementary selection of the conscripts assigned to them for selecting those they will induct.
Paragraph 1. Those that exceed the Organization’s requirements shall be included in the excess contingent pursuant to art. 74, paragraph 1 hereof.
Paragraph 2. The complementary selection referred to above shall include a new medical examination and shall follow particular instructions issued by the RM, DN, and ZAe Commanders.
Art. 79. During the induction periods, organizations shall be designated in each RM, DN, and ZAe where stationary CSs will receive and select conscripts of the called class and of previous classes that are still in noncompliance with the Military Service.
Paragraph 1. In the Army, the CSs shall also receive conscripts who have exceeded the requirements of the Navy and the Air Force, pursuant to art. 74, paragraph 2 hereof, bearing documents indicating the selection results, and will grant them the treatment prescribed in the Regional Conscription Plans.
Paragraph 2. The CSs shall also submit to evaluation those who have been classified as “Unfit B-1” for Military Service at the previous medical examination, pursuant to art. 55, paragraphs 1 and 2 hereof.
Art. 80. When they report themselves or are seized, draft dodgers and deserters shall be obligatorily inducted or re-included if they pass the medical examination and are deemed apt for Military Service. Induction or re-inclusion shall be, in principle, into the Military Organization to which they had been previously assigned.
Sole paragraph. Those who have been acquitted by the proceedings and those convicted who have served their sentence shall complete or render the early-entry Military Service, save as provided in art. 140, paragraph 5 hereof.
Art. 81. Draft dodgers and deserters who fail the medical examination referred to in the preceding article shall be subject to special legislation.
Art. 82. Induction into Active List Military Organizations shall give priority to:
(1) Conscripts who, having been assigned for induction or enrollment to an RM, DN, or ZAe, transfer their residence to the territory of another RM, DN, or ZAe.
(2) Conscripts from previous classes who have obtained the deferment of their induction for enrolling in Reserve Officer Schools, Centers, or Courses or in public or accredited Educational Institutions for the training of medical doctors, dentists, pharmacists, or veterinarians, but did not meet the enrollment requirements or failed to report within the prescribed period of time.
(3) Those who, having obtained the deferment of their induction because they had been inducted into or enrolled in Military Police Officers and Fire Brigade Training Courses, have interrupted their courses before the end of one year and are not entitled to enrolling again, and those who have at any time interrupted their studies at Educational Institutions for the training of medical doctors, dentists, pharmacists, or veterinarians, provided they have not been able to enroll in a Reserve Training Outfit.
(4) Those who are Brazilian by naturalization or by choice, provided the latter have been educated abroad; and
(5) Those who have achieved the best selection results.
Art. 83. Under equal conditions, induction priority shall be given to:
(2) Other Brazilians belonging to previous classes, who are still in noncompliance with the Military Service;
(3) Brazilians by choice who have been educated in Brazil; and
(4) Those accorded preferential status.
Art. 84. To be inducted in accordance with the provisions of arts. 82 and 83 hereof, conscripts must be under 30 years of age and be deemed apt after medical examination.
Art. 85. Enrollment is the act whereby conscripts or volunteers are admitted to a Reserve Training Outfit or to some other Active List Military Organization –School, Center, or Course for the Training of active list military personnel.
Sole paragraph. The specific conditions for enrollment in said Organizations will be set out in the respective regulations. Under no circumstance, enrollment in the year in which the enrollee attains the age of 17 (seventeen) years shall be valid for rendering Military Service, in view of the minimum age set in art. 20 hereof.
Excess or shortage of contingents
Art. 93. Those called for induction or enrollment, who for any reason are not inducted into the Active List Military Service Organizations or enrolled in Reserve Training Outfits shall form part of the excess contingent and shall be listed in the CSMs or corresponding organs of the Navy and Air Force.
Paragraph 1. The excess contingent shall serve, during the rendering of entry-level Military Service, to complement or re-complement or add to the strength of the Organizations with shortage of men or that may be created.
Paragraph 2. The excess of contingent shall consist of Brazilians residing in contributing municipalities, who:
(1) Were deemed fit at the selection and who could not be assigned to a destination for induction or enrollment because they exceeded the needs;
(2) Were classified as “Unfit B-1” for Military Service, pursuant to art. 56, Sole paragraph, or “Unfit B-2,” pursuant to arts. 57; 139, paragraph 4(2); and 140, paragraph 6 hereof; and
(3) Were over 30 (thirty) years of age and in noncompliance with the Military Service, regardless of the penalties to which they might be subject.
Art. 94. In case of shortage of men to meet the normal induction or enrollment requirements within the RM, DN, and ZAe territories, the following measures may be taken:
(1) Acceptance of volunteers;
(2) Transfer of conscripts within the same Military Service Zone; and
(3) Extension of the duration of Military Service established in Art. 21, paragraph 21 hereof.
Art. 95. Those included in the yearly excess of contingents, who are not called for induction or enrollment by December 31 of the year designated for their class to render entry-level Military Service shall be exempted from incorporation or enrollment and shall be entitled to the Induction Exemption Certificate as of that date.
Sole paragraph. Those to whom art. 93, paragraphs 2 and 3 hereof apply shall promptly receive said Certificate upon their inclusion in the excess of contingents.
Art. 127. The Military Ministers may at any time of the year authorize the acceptance of volunteers, whether they are reservists or not, to meet normal, occasional, or specific need of the Armed Forces.
Paragraph 1. A volunteer may be accepted as of the year in which he attains the age of 17 (seventeen) years, and may come from any municipality, whether contributing or noncontributing, and from all or from certain RMs, DNs or ZAe(s).
Paragraph 2. The acceptance of volunteers shall be authorized by the concerned Military Minister, who shall specify the conditions of the service to be rendered, the attendant duties, as well as the rights to be ensured to volunteers.
Paragraph 3. Volunteers that might be accepted may include some residents of contributing municipalities who want to anticipate their entry-level Military Service. If these volunteers cannot be taken up, they shall not be included in the excess of contingents and shall report for their class’s selection.
Paragraph 4. If the supply of volunteers in a given area of the country is on such a significant scale that might reflect on the interests of the other Armed Forces, the concerned Military Ministry shall consult with the other Ministries and, if needed, refer the matter to the EMFA’s coordinating initiative.
Interruptions of the Military Service
Art. 138. Active service in the Armed Forces shall be interrupted by:
(1) Annulment of induction;
(3) Expulsion: and
Sole paragraph. The provisions of this Chapter shall apply, if pertinent and in accordance with specific legislation, to the inductees that are rendering Military Service under other forms and at other stages as provided in Title VI hereof.
Art. 139. The annulment of induction can take place at any time if recruiting irregularities are detected, including irregularities related to selection.
Paragraph 1. It shall be incumbent upon the competent authority, the Commanders of Military Organizations, the RMs, DNs, or ZAe(s) to determine, through internal investigation or Military Police Investigation (IPM), whether the irregularity anteceded the date of induction, and who was responsible for it.
Paragraph 2. If it is determined that the irregularity or its cause anteceded the date of induction, the induction shall be annulled, and the inductee shall have no recourse to the State. Moreover:
(1) If it is determined that the inductee himself was responsible for the irregularity, he shall incur a fine pursuant to art. 179 (2) hereof, independently from other sanctions applicable to the case; or
(2) If it is determined that the responsibility for the irregularity falls upon any individual who carried out the recruiting, this individual shall incur the pertinent fine or fines, without detriment to the sanctions applicable, in case of the commission of crime or disciplinary infractions;
Paragraph 3. The annulment shall be determined by the authority that carried out the induction, provided it was not responsible for the irregularity, and by higher authorities.
Paragraph 4. The status of Brazilians whose induction has been annulled shall be as follows:
(1) In the case of moral incapacity or injury, disease, or handicap that makes them definitively unfit (“Unfit C”), they shall be considered exempt from Military Service;
(2) If classified as “Unfit B-2”, they shall be entitled to promptly receiving the Induction Exemption Certificate, after being included in the oversupply of recruits. Their reinstatement may be done pursuant to art. 57, Sole paragraph hereof;
(3) Breadwinners shall be dispensed, based on documents other than the regular ones;
(4) Residents in contributing municipalities who anticipate their Military Service, based on documents other than the regular ones;
(a) If they do not attain the age of 17 (seventeen) years in the year they are inducted, they will be given back their CAM, with the notation to report again with their class;
(b) If they attain the age of 17 (seventeen) years in the year they are inducted, they may, at the discretion of the Military Organization’s Commander, continue to serve, in which case their induction shall not be annulled.
(5) Those who have concealed their level of education or intellectual preparation so as to avoid being assigned to a Reserve Training Outfit shall be enrolled in said outfit with the first class to be inducted thereafter, and will be given back their CAM with the pertinent notation;
(6) In case of detection of other irregularities, simple or combined, that have led to the induction’s annulment, the inductee’s situation shall be defined pursuant to the applicable provisions hereof.
Paragraph 5. In case the irregularity is due to an “Unfit B-1” classification, the induction shall not be annulled and the inductee shall be subject to treatment, as the case may be.
Paragraph 6. If the internal investigation or the Military Police Investigation referred to in paragraph 1 of this article finds that the irregularity took place before the induction date, or if it is not proven that it pre-existed, the induction shall not be annulled and the provisions of art. 140 and its paragraphs hereof shall apply to the inductee.
Art. 147. Volunteers shall end their time of service at the expiration of the term to which they have obligated themselves, pursuant to art. 172 hereof.
Art. 239. For the purposes of the Military Service, a minor civilian’s incapacity shall end on the day he attains the age of 17 (seventeen) years.
Sole paragraph. Volunteers who have not yet attained the age of 17 (seventeen) years at the time of induction or enrollment must submit a valid document proving the consent of his parents or guardian.