Prosecutor-General supports prohibition of sexual activity on military premises

Prosecutor-General Rodrigo Janot has upheld the constitutionality of Article 235 of the Military Penal Code (CPM), which defines as a sexual offense “for a military officer to undertake, or willfully indulge in, obscene acts, whether homosexual or not, within premises under military discipline,” punishable by six months to one year of imprisonment.

Last September, Deputy Prosecutor Helenita Acioli filed a case with the Supreme Federal Court (STF) for unconstitutionality of the article on grounds that it violates the principles of human dignity, equality, and freedom outlined in the Constitution.

Janot, however, challenged the motion, claiming that the provision applies to obscene conduct within military premises only, and therefore does not offend human dignity.

“The Code does not at all – nor could it – prevent military servants from enjoying their sexuality, and thus it does not offend such principles as equality, human dignity, freedom, and privacy. The prohibition applies to obscene activity – however willful – within military premises only. Elsewhere, military public officers are free to enjoy their sexuality, subject to the same legal restrictions as apply to anybody else,” he argued.

Translated by Mayra Borges