Imputabilidade do homicídio passional no tribunal do júri.

Abstract

The present scientific treated has the finally of study the passion, yours causes and effects in the volitional atmosphere of passional homicide, while analyzing, the legal treatment provided the figure of murder, and, simultaneously, to the basis of Court Jury and the legal framework thesis of intersecting type to the penal responsibility of the perpetrator of the crime of passion idole. The passionalism has rooted features, whether they are in the theoretical basis from the most diversifications branches of science or permeate the art and social gathering of the civilizations throughout time. Thus this monographic study uses as resource the scientism collated on the subject making clear the passion's influences in the formation of criminal personality, in the criminogenese, in the iter criminis, in the execution and in the commission of criminal offense action, putting in parallel the legal treatment in search of a indispensable, for justice's criteria, to the normative nature of legal adequation. Makes use of methods: exegetical and dialectical-legal, scrutinizing the content of thesis of legal adequation, related to nature of passional crime, unfurled in the Court Jury, and the utilization of bibliography research through the internet in the selection of fundamental scientific material. The results confirms the inapplicability of thesis that frame the passional frame as qualified homicide and self-defense of honor, however remain embodied the unimputability and semi-imputability, countersigned by expert medical report that finds psychopathology at time of action, and subsidiary the cause that privileges the violent emotion.