A criminalização do descanso: dualidade entre o sono como conduta criminalizada no art. 203 do CPM e as evidências científicas sobre a privação de sono nos profissionais de segurança pública

Abstract

Although sleep deprivation is widely recognized as a cause of health problems, rest is criminalized for military personnel, and this conduct is classified as “Sleeping on Duty” under Article 203 of the Military Penal Code. Sleep deprivation will be examined in relation to the criminalization imposed on military police officers and, within civilian public security institutions, to the discouragement of rest. This research investigates the conflict between legal regulations and institutional reality, as well as the scientific evidence on chronic sleep deprivation and its cognitive, motor, and decision-making effects. It also seeks, among other professional categories and public security institutions, good practices and standardized procedures that may be adopted by the Military Police of Paraná, with the aim of encouraging rest through a fatigue management program. The methodology will be based on a comparative review of international guidelines adopted by military and civilian units, case law from the Superior Military Court, procedural records from the Military Audit Court of Paraná, and an integrative review of the scientific literature in the fields of sleep medicine, occupational health, and chronobiology. Based on this, we will demonstrate the counterproductive effects of discouraging and criminalizing rest during duty shifts, especially at night. Finally, as a result, this article proposes the creation and implementation of fatigue management strategies, treating rest as an essential logistical asset for the quality of life of police officers, resulting in better services provided to Brazilian society.