Aspectos gerais da legítima defesa putativa e análise de sua natureza jurídica.

Abstract

The present work is to analyze the scope of legitimate putative institute and its importance to the legal system brasilian. A lack of aggression constitutes the main difference between the actual legitimate defense putative real and legitimate defense. In this, the aggression exists only in his mind, because in the real world it is not the case. In the words of the Penal Code, is exempt from penalty whom, by mistake fully justified by the circumstances, in fact situation requires that, if there were, would make the action is legitimate and free from penalty who, in practice the crime involves, by mistake fully escusitive, the absence of de-facto situation that would make the action legitime. A throughout this monograph will be presented concepts necessary for the study and understanding of the institute's legitimate defense putative. The first chapter is address the historical development of legitimate defense, with approach of legitimate defense in the history of humanity, but also in Brazilian law. In the second chapter, it is based on theories that the institute's legitimate defender. O concept of self-defense and their requirements are discussed in the third chapter. Finally, we analyze the legitimate defense putative where addition of the concept and examples, care is the foundation, assumptions, the legal nature and the importance of institute. A methodology employed for the realizacion of this work was the use of various methods of them: the analitic law, historical and comparative and bibliography.