Applicability of the Maria da Penha Law in Relations between Active Duty Military

Abstract

Violence among active duty military personnel affects a considerable proportion and has a significant impact on the physical and psychological health of those involved. The imbroglio is limited to the applicability of the Maria da Penha Law or existing military legislation. The Maria da Penha Law is an instrument that aims to protect women from domestic and family violence and prohibits the application of pecuniary penalties to aggressors. Prevention is the first objective of the law, which seeks to avoid the commission of domestic and family violence, through learning to comply with the norm. The research method used resulted from a review of jurisprudence and doctrine, which has the advantage of being able to analyze and identify how scholars and other legal practitioners pronounce themselves in relation to the preventive function, the pedagogical function and the sanctioning function of the penalty for the perpetrators of domestic and family violence against women, whether by action or omission, based on the gender that causes death, injury, physical, sexual or psychological suffering and moral or property damage. It is important to note that, as an active duty soldier, based on constitutional, legal, military and other rules provided for in the Brazilian legal system, the aggressor must suffer punitive measures according to the actions taken. This should promote more credibility of military institutions before society.