A questão da isonomia de gênero e estatura mínima exigida como requisito para ingresso no Corpo de Bombeiros Militar da Paraíba

Abstract

This assignment has a purpose to analyze the minimum height requirement required in public examinations for entry into the Military Fire Department of Paraíba under the constitutional principles of human dignity and gender equality. The principle of isonomy is enshrined in the caput of Article 5 of our Magna Carta and aims to guarantee equal treatment to all people, regardless of the differences that may exist between them, as “men and women are equal in rights and obligations, under the terms of this Constitution”. Therefore, there is no doubt that the entire legal system in Brazil, from the promulgation of the 1988 Federal Constitution, must strive to ensure that men and women are treated equally given that this is a matter of fundamental human rights and a essential condition for guaranteeing the dignity of all human beings. In this case,a discussion developed about the differentiated treatment provided by the legislation applied which establishes the requirement of a minimum physical height of 1.60m for men and 1.55m for women as a requirement for entry into the Paraíba Military Fire Department. Thus, it has been proven that equality of rights and opportunities, guaranteed by the Constitution, is seriously violated when public examinations are held to join its ranks, it has established as a requirement a different minimum height for men and women, as verified from public exam notices from the last five years analyzed, in compliance with current legislation. In summary, the discussion about the minimum height to become a military firefighter is a complex issue that involves human rights, such as gender equality and human dignity, as well as safety at work and the supremacy of the public interest aimed at the effectiveness of services provided to society. It is essential to ensure that rules and regulations are justified and non discriminatory, respecting the fundamental principles of human rights without causing any injury to the beneficiaries of public services provided by military firefighters.