O princípio da igualdade e a inconstitucionalidade da limitação de cargos para mulheres na Polícia Militar de Sergipe : análise da Ação Direta de Inconstitucionalidade nº 7.480

Abstract

This paper analyzes the Direct Action of Unconstitutionality (ADI) No. 7480, ruled by the Federal Supreme Court (STF), which provided a constitutionally compliant interpretation for Law 7.823/2014 of the State of Sergipe, thereby prohibiting the limitation of vacancies for women in the public competitions for admission to the Military Police of Sergipe. Furthermore, its objective is to evaluate the foundations of such decision in light of the doctrine and legislation on the subject. The methodology employed includes qualitative and deductive methods, using documentary analysis and literature review. It was concluded that the restriction imposed by the state legislation violates the principle of isonomy and the fundamental guarantees provided in the Federal Constitution of 1988, and that the reasoning used as the basis for the ruling of the Supreme Court is in accordance with the doctrine concerning subject.