01/24/2024 – 20:57
President Luiz Inácio Lula da Silva and the Attorney General's Office (AGU) defended this Wednesday (24) in the Federal Supreme Court (STF) the action that intends to overturn the rule of the Military Penal Code that set a lesser penalty for crimes of rape of a vulnerable person resulting in serious bodily harm.
The case reached the Supreme Court through an action filed by the Attorney General's Office (PGR). The body contests part of Law 14,688/2023, a rule that provided for a sentence of 8 to 15 years for military personnel who commit the crime. The same conduct is punished by the Penal Code with a reprimand of 10 to 20 years in prison.
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For the AGU, the rule is unconstitutional because it allows a civilian to be sentenced to a greater sentence than a military man.
“It is not possible to imagine a milder penalty for military personnel who comment on the military crime of raping a vulnerable person resulting in serious or very serious injury, in comparison to the same reprimand provided for in common criminal legislation, especially because, in the case of military crime, in addition to being subject to Taking into account the protection of sexual dignity as a protected legal asset, the basic pillars of military institutions must be safeguarded, namely hierarchy and discipline”, argued the AGU.
The action will be judged in the Supreme Court by Minister Cármen Lúcia. No deadline set for the trial.
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