Thesis on defense of the honor in crimes of passion − from ascension to decadence / Tese da legÃtima defesa da honra nos crimes passionais: da ascensÃo ao desprestÃgio

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The present essay deals with the birth, ascension and decadence of the thesis on defense of the honor in so-called crimes of passion, under a parallel analysis of the development of the brazilian society. The concept of self-defense will be broached in the presence of the concept of honor, aiming to demonstrate its impossibility of justifying the crime of passion in view of the legal practice without neglecting economical and social-cultural aspects. In order to do so, the defense of the honor thesis will be submitted to a legal analysis, involving its requisites as constitutive elements of the finality of the institutions of self-defense and the concept of honor, confronting them under the prism of the principle of proportionality and analysis of comparative jurisprudence. Throughout the essay, it will be shown how the development of the Brazilian society allowed women to occupy growing spaces in all the spheres of power, enabling them to fight violence practiced against them and the unsustainable excuses for this violence, among these the defense of the honor thesis as an excluding of criminal illegality. The third chapter aims at demonstrating that the consecrated thesis of heat of passion is the most adequate for the defense of crimes of passion, since the thesis of defense of the honor is not legally accepted according to doctrine and jurisprudence. Due to the necessity of validating the appropriateness of this understanding, we will study the heat of passion thesis analyzing it in face of iter criminis, the motivational idiosyncrasy of crimes of passion, evidencing a lack of technical and scientific support of the thesis of defense of the honor, with the objective of externalizing the sustainability of the heat of passion thesis due to adequate provocation of the victim, when it is configured that the defining parameters of heat of passion were present

ASSUNTO(S)

sociedade brasileira - aspectos econÃmicos e sÃcio-culturais direito crimes passionais - estudo da tese crimes passionais - surgimento, ascensÃo e desprestÃgio sociedade brasileira - desenvolvimento

ACESSO AO ARTIGO

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