Homicídio passional: um estudo sobre as causas e efeitos.

Abstract

This paper presents a study on human violence in the crime of murder committed under the emotional states or passionate, renowned for the peculiarity of being doctrinally committed as a result of passion. The passionateness follows the history of man, as unfathomable as the proper relationship between life and death. To address the issue, support the thesis that focuses on the emotional states of passion or may be used as a ruse to justify murder, reduce or mitigate the punishment or even the emotion and passion can only suppress the criminal responsibility when derived from pathologies of the psyche human, which impede the ability to understand and want the agent's order to scientifically investigate this issue points to the general objective, the need to examine the socio-legal treatment given to the author of the crime of passion and its implications for procedural rulings. Want to contribute in clarifying these questions scientifically, that they may have more precise clarifications, and terminations on each case. It is used for both methods: historical evolution, as a result of research and comparison to previous legal and penal institutes which existed in the past; dialectical and exegetical-legal analysis by establishing a parallel between the arguments of prosecution and defense regarding the nature of passion and power of rhetoric as an instrument of socio-legal conviction, and the use of technical literature search and virtual, in systematizing and gathering information. The conclusion that we observe is not unique, therefore it is necessary to analyze the minutiae of the case, and establish an understanding of the characteristics and elements involved in this criminal sphere and allow you to categorize, with enough power to influence the arguments in the trials.