Domestic violence between military couples and the application of the Maria da Penha Law by the Military Courts

Abstract

Brazilian society is experiencing a sharp increase in domestic violence against women. This violence affects women from all walks of society, including women in the military. Since the Federal Constitution of 1988 the Brazilian State, has been adopting measures (legal and nonjuridical), to better tackle this question and introduce increased punishment for the accused. The objective of this work is to analyze the theory of the application of the institutes of Law nº 11.340/2006, The Maria da Penha Law, by the Military court in cases of a military crime resulting from domestic violence. To do so, without intending to exhaust the subject, the work aims, in the military legislation, with sustenance in the Federal Constitution, foundations that allow this interpretative bias. The debate is necessary, since military criminal legislation has not been updated to the same extent as civil criminal law, a fact that creates controversy and compromises the efficiency of the principles of isonomy, since it creates inequalities between civil and military law. The text strives to harmonize the dignity of women in the military, with the constitutional precept of hierarchy and military discipline.