The provision welcomes the action of the PGR, which provides that the sanctions for crimes follow the civil Penal Code, which establishes a maximum sentence of five years compared to the Military Penal Code, updated in 2023
The Attorney General’s Office (AGU) defended on Wednesday the 24th the end of the provision of the Military Penal Code which provides for a lower punishment for military personnel, compared to civilians, for the crimes of rape of vulnerable people with serious or very serious personal injury. In a statement to the Federal Supreme Court (STF), the AGU considered the rule unconstitutional.
“It is not possible to imagine a lighter sentence for military personnel who report the military crime of rape of a vulnerable person with serious or very serious injuries, compared to the same warning provided for by common criminal legislation, especially because, in the case of military crime, in addition to be subject to Taking into account the protection of sexual dignity as a protected legal asset, the fundamental pillars of military institutions, namely hierarchy and discipline, must be safeguarded,” the AGU document reads.
The body’s opinion emerges in a document presented by the General Prosecutor’s Office (PGR) to the STF in December 2023. The PGR calls into question last year’s law 14,688, which amended the military criminal code.
In the demonstration the organization takes a stand against the differentiation of the punishment for rape between the civil penal code and the military penal code. In practice, the military rule establishes five years’ imprisonment less than the maximum sentence for the crime of rape of vulnerable people with serious or very serious bodily injury.
According to the penal code, the penalty for the crime is 10 to 20 years in prison for ordinary citizens. The law for the military, enacted on September 20, 2023, provides for a sentence of 8 to 15 years. If rape is committed by a soldier against a teenager between the ages of 14 and 18, the maximum possible sentence is 10 years.
While in the law for civilians there is a specific type of crime for cases of rape of a vulnerable person with serious personal injury, in the new military law this violence is only an aggravating circumstance. That’s why there is a difference in sanctions.
The action’s rapporteur at the STF is Minister Cármen Lúcia. The hearing of the case has not yet been scheduled by the Court.
Source: Terra
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