Assédio moral no âmbito das relações militares: a violação do princípio da dignidade da pessoa humana

Abstract

The main pillars of Military Institutions are hierarchy and discipline, and therefore have a vertical structure that creates a favorable environment for the development of bullying. Such violence is a serious social phenomenon that most of the times is ignored or hidden by fear and shame, however, it has attracted a lot of attention from law enforcers because it is a human relationship capable of generating great consequences in the legal world. Thus, the object of this work is to reflect on how this violence can be recognized in the military context, what are its possible causes and consequences for the victim, the aggressor and for the Military Brigade, what are the difficulties encountered by the victim in proving the occurrence of moral harassment and non-compliance with the Principle of Human Dignity present in the Federal Constitution. This research will have the historical method of procedure, which aims to explain the historical evolution of the violence in question and the bibliographic research method that will analyze secondary sources such as; Decree-Law No. 6.227, of January 24, 1944; Decree-Law No. 2,848, of December 1940; Decree-Law No. 10.406, of January 10, 2002; Constitution of the Federative Republic of Brazil of 1988; jurisprudence of the Military Criminal Courts. Together with the deductive approach method, which aims to explain the object of the claims in search of a critical synthesis that can add to the Science of Law.