Law and Criminality in World War II : Military Justice and the Soldiers of the FEB

Abstract

This article aims to analyze the role of the Brazilian Military Justice system during the participation of the Brazilian Expeditionary Force (FEB) in World War II, with an emphasis on crimes committed by Brazilian soldiers on Italian soil between 1944 and 1945. The investigation seeks to understand the legal, institutional, and symbolic ramifications of these judicial proceedings, taking into account the interaction between the Brazilian legal system, the daily routine of the troops in Italy, the operational integration with the United States Army, and the challenges of applying military law in an international wartime context. The methodology is based on qualitative analysis of primary sources, with particular emphasis on the dossier Complaints of Italian Civilians through the American Army, consisting of 103 pages preserved in the Historical Archive of the Brazilian Army. Additional documentary series from the FEB and the Military Justice system, covering the period from 1942 to 1945, were also examined. The interpretative approach follows the assumptions of the New Military History, combining technical-legal analysis with a hermeneutic reading of the sources. Judicial proceedings are treated as discursive and polyphonic constructions that reveal power tensions, disputes over meaning, and institutional strategies of silencing or containment. In the discussion, the article examines Military Justice not only as an instrument of punishment, but also as a mechanism for symbolically preserving the image of the FEB abroad. Noteworthy cases of rape, homicide, bodily harm, and looting committed by Brazilian soldiers—particularly outside the battlefield—are identified, with special attention given to the Madognana episode (January 1945), in which two soldiers sentenced to death had their penalties commuted through successive institutional decisions. Such practices highlight the fragility of effective accountability and the political use of clemency instruments such as postwar pardons and commutations. The findings indicate that the actions of the Military Justice system were marked by selective punishment, diplomatic tensions with the United States Army, logistical challenges, and operational limitations in the European theater. The research also reveals that the mobilization and structuring of the FEB were impacted by problems in recruitment, training, and discipline, which contributed to high rates of indiscipline and criminal behavior among the troops. By shedding light on the functioning of the Military Justice system within the FEB context, the article helps fill a historiographical gap by addressing the legal, moral, and symbolic dimensions of the Brazilian military experience in World War II. The critical analysis of criminal proceedings demonstrates how legal narratives can serve as complex and essential historical sources for understanding the relationships between war, justice, power, and memory. In doing so, the research contributes to contemporary debates on the role of the Armed Forces and reaffirms historiography’s commitment to a critical and plural reconstruction of Brazil’s military past.