A LEGITIMIDADE DA APLICAÇÃO DO CRIME DE ESTUPRO DO CÓDIGO PENAL EM SUBSTITUIÇÃO AO MESMO CRIME NO CÓDIGO PENAL MILITAR

Abstract

The present paper aims to answer the following question: is there legitimacy for the implementation of the crime of rape in Penal Code to the detriment of the same crime in Military Penal Code? The article makes a comparison between the codes and shows how the crime of rape is treated as in both legislations. In order to discuss the legitimacy, the researcher made a field research asking the opinion of many state military police offices opinion who replied to a questionnaire about the subject. After conduct bibliographical researches and an analysis of the interviewee responses, it can be concluded that there is no legitimacy in the substitution of the judgement for the “Special Justice”, since it exists only because of the military profession. In addition, one notices that the best way to narrow the gap between the codes is to submit MPC to a legislation update.