Do outro lado dos muros: um estudo sobre os crimes sexuais cometidos nas Forças Armadas brasileiras

Abstract

This research aimed to develop a study on sexual crimes committed within military environments by military personnel of the Brazilian Armed Forces. To this end, the investigation focused on the crimes that are set forth in articles 232 to 237 of the Military Penal Code, called "Sexual Crimes": Rape, Violent indecent assault, Corruption of minors and Act of libidinage, from the analysis of 50 judicial processes judged by the Superior Military Court between the years 1990 and 2015. In the course of the study it was possible to perceive the limitations of the Military Justice in relation to crimes as complex as sexual ones, since the Court did not make important changes to its normative text concerning sexual rights, especially with regard to violence against women, children and adolescents. The Military Justice continues to use the legal framework established in 1969, and shows no evidence that it will make the pertinent changes in order to produce judgments more consistent with the current social situation. This contextual dissonance ends up leading the Military Court to contradictory and misguided judgments permeated by military corporatism. In addition, analyzing the expenses and productivity indexes of the Military Justice we could question its broad scope. In the end, we propose that the sexual crimes committed by military personnel within military organizations be prosecuted and judged by the common justice, under the aegis of the Criminal Code, so that they can be discussed by an impartial and specialized court, unveiling the deeds that until then, are invisible on the other side of the walls.