Conscientious Objection in the Armed Forces: A Comparative Study between Brazil and Spain

Abstract

This study aims to investigate the development of the right to conscientious objection at the international level and its implications in Brazil and Spain. Adopting an explanatory methodology, with case studies based on Brazilian (STF and TRF/3rd Region) and Spanish (Constitutional Court) jurisprudence, the article uses a longitudinal approach to track the legislative evolution of the issue and conducts a comparative study of the situation of conscientious objection in Brazil and Spain, with an emphasis on the differences between the 1988 Brazilian Constitution and the 1984 Law on Conscientious Objection. The purpose of the article is to show how the right to conscientious objection is guaranteed and the challenges that arise in balancing freedom of conscience with the needs of a country's armed forces. The research suggests that, although both countries recognize the right to conscientious objection to some extent, the practical application of this right differs substantially, reflecting the political and social characteristics of each nation.