Tratamento punitivo disciplinar às mulheres militares da aeronáutica em estado gestacional/lactante

• Ano de defesa: 2021
• Autor(a) principal: Marinaska, Karla
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Positivo; Brasil; Direito; PPG1; UP
• Palavras-chave em Português: Tratamento punitivo disciplinar; Mulheres; Militar; Aeronáutica; FAB; Gestante/Lactante; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.cruzeirodosul.edu.br/handle/123456789/3985

This dissertation aims to analyze the specific normative gap verified, empirically, when at the time of applying disciplinary punishment to a female military member of the Brazilian Air Force (FAB) and the possibility of using normative elements that already exist in the Brazilian legal framework, in Administrative Law and Common and Military Criminal Procedural Law, as well as with a study on the possibility of applying an analogy in bonan partem and other suggestions for solutions to eliminate this gap. Such elements were analyzed through a case study in light of the guarantee and effectiveness of constitutional rights for military women, a central theme in this study. Some initial considerations are explained from the very specific concepts of the military and its constitutional function advocated in the Brazilian Federal Constitution of 1988. The gender perspective is considered throughout the work, in order to problematize advances and consign the feminist line of which the study adopted. This research presents proposals that depart from the analysis of regulations and norms that deal with the punitive treatment of military personnel in the Air Force, intending to have an impact on the studied professional environment. After verifying the challenges that the theme analyzes, the possibility of updating the norm emerges in accord with the Federal Constitution of Brazil, in a way that makes it possible to materialize the rights of pregnant/lactating military women and the unborn/child.