The present work analyzes the fact, that the lack of legal regulation generates a legal vacuum, referring to the condition that may have a conscientious objector person; abstaining of presenting the compulsory military service and the consequences that fall in military staff that incorporate without having clear parameters. This is with the purpose of having clear elements and guidelines which allow to evaluate and abstain of incorporating to one person, because the behavior done by the staff belonging to military forces, creates innumerable writs of protection against the same ones and it can be the beginning of disciplinary investigation for these actions.