A recent decision of the Union Military Justice (JMU) condemned a cable of the Air Force for the crime of contempt to the superior. The reason for the conviction was for calling a lieutenant of the “Bunituda” corporation in June 2024. The decision reinforces significant implications related to gender issue in the country.
The case, analyzed based on the judgment protocol with a gender perspective of the National Council of Justice (CNJ), involved inappropriate and sexual comments directed at a second aeronautics lieutenant.
According to the complaint of the Military Public Prosecution Service (MPM), Cabo Expedito Ferreira Neto was accused of disregarding the lieutenant on two occasions.
Case Description
The first incident occurred on March 6, 2024, during an institutional action, when the cable, who worked as a driver, directed inappropriate praise to the lieutenant, calling her “beautiful”, “the most friendly lieutenant” and “more beautiful”, even after she asked her to stop and informed that she was engaged from another military and was embarrassed. Another officer witnessed part of the incident and confirmed the victim’s embarrassment.
The second fact, considered more serious by the Court, took place on June 5, 2024. The lieutenant contacted Cabo Expedito to request vaccine transportation, a common procedure at the time due to the inactivity of the transportation sector telephone. Along the way, the cable made new hints, inviting her to “run away with him.”
After the lieutenant’s firm refusal, he made a sexual comment: “Ah Lieutenant, what a pity that his heart already has a owner” and, when they arrived at his destination, added that “their daughter would be beautiful, because she is a butt and he is also a butt and was a bundudinha daughter”, leaving the “terrified” lieutenant.
Lieutenant Lira sought her superior, which guided her to formalize the occurrence.
Defense and analysis of the Court
Cape defense claimed that the comments were only “courtesy words between co -workers, without evil or intention to embarrass”, and that there was no serious offense to the dignity or authority of the superior.
It sustained the absence of specific intent and requested the acquittal or, later, the disqualification for the crime of disrespect to superior (art. 160 of the CPM), considered less serious. The cable denied in court having made the most offensive comments, such as the escape proposal or the reference to the “Bunduda” and “Bundudinha”.
However, the court rejected the defense thesis . The decision stresses that the crime of contempt to superior (art. 298 of the CPM) aims to protect the authority, dignity and decorum of the hierarchical superior, fundamental elements for military hierarchy and discipline.
Beyond compliments and condemnation
The Court considered that the expressions used by the defendant “Overflow the field of a simple compliment” . The use of terms such as “butt” and the invitation to “escape” were classified as “Absolutely incompatible with the decorum, authority and honor of the official, configuring contempt” .
The defendant’s behavior was seen as the creation of a “Hostile Environment” for the victim, who evolved into sexual proposals, “Incringing your dignity in the exercise of the function” . The defendant’s justification on his comments was considered inconsistent and not supported by the evidence.
The base penalty was set at the legal minimum of one (1) year of imprisonment, converted into prison. Was granted to Conditional suspension of the execution of the penalty (Sousis) for a period of 3 (three) years with special conditions, including the prohibition of face -to -face or virtual contact with the offended, maintenance of a minimum distance of 300 meters, prohibition to perform service in conjunction with it, and quarterly presentation in court.
The initial prison regime was fixed as open if the conditions of the surfaces are not accepted or fulfilled. The cable will be entitled to appeal in freedom.
This content was originally published in Understand a decision that condemned Cabo for calling Lieutenant “Bunduda” on CNN Brazil.
Source: CNN Brasil
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