DO CÓDIGO PENAL CASTRENSE E DA LEI MARIA DA PENHA NOS CRIMES DE VIOLÊNCIA DOMÉSTICA CONTRA A MULHER MILITAR

Abstract

This article aims to disagree on the applicability of the Maria da Penha Law to military crimes of domestic violence against women. Law 11,340/2006 dictates ways to protect and protect women who experience domestic violence, while the Military Penal Code – Decree Law 1,001, of October 21, 1969, aims to deal with military crimes. As military criminal legislation was created even before the inclusion of women in the ranks of the Military Institution, there was no possibility of taking care of this issue. However, over time the female figure entered the military career, but military legislation did not follow this evolution. This omission ends up limiting military women in relation to crimes of domestic violence. Thus, the precepts of the Maria da Penha Law, Military Criminal Law, as well as the Constitutional Principles are analyzed in order to resolve this apparent conflict of norms and present the jurisprudential and doctrinal understandings on the topic. The methodology applied, in turn, was based on research carried out through exploratory investigation with bibliographical, legal, doctrinal and jurisprudential research.