THE Film "Until the Last Man" and the Excuse of Conscience

The Film “Hacksaw Ridge” and the Excuse of Conscience

The film "Hacksaw Ridge" directly addresses the issue of conscientious objection, telling the true story of Desmond T. Doss, an American army medic who, during World War II, refused to bear arms in the name of his religious beliefs.

Despite the persecution he suffered in the army, he worked as a medic on the battlefield and saved about 75 men single-handedly, becoming the first and only person to invoke conscience-based excuse to receive the Medal of Honor in the war.

The film received 6 nominations for the 2017 Oscars in the categories of Best Picture, Best Director, Best Actor, Best Sound Editing, winning for Best Sound Mixing and Best Editing.

excuse of conscience

1. CONCEPT

Conscientious objection is a right recognized in Brazil that allows a person to refuse to fulfill a certain obligation or perform a specific act due to their religious beliefs, philosophical convictions, or political opinions.

Section VII of Article 5 of the Brazilian Constitution determines that no person may be deprived of their rights because of their religious beliefs, philosophical convictions or political opinions, provided that they are not invoked to exempt themselves from a legal obligation and refuse to comply with an alternative service established by law.

excuse of conscience

Furthermore, Article 5, Section VI, guarantees freedom of conscience and belief, as well as the free exercise of religious worship and legal protection for places of worship and their liturgies. This excuse of conscience is commonly used to refuse to participate in mandatory military service, as provided for in Law 4,375 of 1964.

According to Dirley da Cunha (2012), the legitimacy of conscientious objection depends on compliance with the alternative provision established by law.

Otherwise, the excuse is not considered legitimate and the person may be held liable for the consequences of their actions, including the loss of political rights.

REFERENCE

CUNHA JUNIOR, Dirley da. Constitutional Law Course. 6th ed. rev. updated. and increase. Salvador: JusPodivm, 2012.

Victor Habib Lantyer
lantyer.com.br

Lawyer, professor, author, and researcher specializing in Digital Law, AI, Intellectual Property, and the LGPD. He is the author of the book "LGPD and Its Impact on Labor Law" and "Digital Law and Innovation" and has over seven legal works. He is a member of the Permanent Technology and Innovation Committee of the Brazilian Bar Association (OAB/BA), coordinator of the Artificial Intelligence coordination team, and a member of the LGPD and Metaverse coordination teams. He is a member of the National Association of Digital Law Attorneys. He is the creator and creator of the Lantyer Educacional website (www.lantyer.com.br), which simplifies legal matters in a simple, easy, and democratic way.

Related Posts
Leave a Reply

Your email address will not be published.Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

pt_BRPortuguês do Brasil