GENDER EQUALITY AND MILITARY CRIMINAL LAW: A STUDY OF HOW THE PRINCIPLE OF GENDER EQUALITY IS REFLECTED IN MILITARY CRIMINAL LAW

Abstract

This work investigates how the principle of gender equality is reflected in the norms and practices of Military Criminal Law. In recent years, the debate about equality between women and men has intensified in various social and legal spheres. In 2024, the start of voluntary enlistment of women in the Brazilian Armed Forces highlights the need for an in-depth analysis of gender equality within the military. This inclusion in roles traditionally occupied by men brings to light important issues regarding equity and justice in the military environment. The research addresses the historical evolution of Military Criminal Law in Brazil, examines the legal provisions that aim to guarantee equal treatment between men and women in the Armed Forces and exposes practical cases that demonstrate the application of the principle of gender equality in judicial decisions and disciplinary conduct. Through a comprehensive literature review and critical analysis of norms and jurisprudence, the study concludes that, despite significant advances, cultural and structural barriers still persist that hinder the full implementation of this principle in Military Criminal Law. Thus, the work proposes recommendations for improving institutional policies and practices, aiming for greater gender equity in Brazilian military institutions.