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This article describes that the military right comes from the constitutional regulation of the use of force. This regulation imposes a particular duty of obedience to the military, that is guarded at the same time, by the military disciplinary right and the military penal code. It informs that although military justice is not forbidden by the international right of the Human Rights, is considered as a regulation of restricted application. Also details, the valid requisites presented by the international right for the military justice, and how jurisprudence of the Inter American system had influenced the reform of the military penal jurisdiction in the continent.