Homicídio passional: a paixão como qualificação ou privilégio?

Abstract

This presente seach investigates the main characteristics of passion murder, which is conceptualizad doctrinally by the peculiarity of be committed as result of passion. The main objective of this analysis is the rough estimate of the socio-juridical treatment given to a person who commits a passion murder, identifying him the fairer criminal definition and the appropriate punishment, or whether the murder was a passionate reaction to an expected man dominated by a violent emotion, reducing its power of reflection, as a result of an action to pay the victim, or if the offender acted out of passion or unworthy motive futile and should be convicted of murder. Want to contribute scientifically to solve these questions, so that we can have explanations and more accurate inferences about individual cases. The method used in this research was the historical evolution to investigate the legal institutes earlier; the legal exegetical to check the confrontation between the established legal defense and complaint theories about the passion nature and the reasoning power as persuasion instrument; and the Law literature and virtual searches to gather and organize informations about. So there isn't no uniform solution for this issue. It depends the analysis of each case. Thus, to classify the passion murder in qualified murder or privileged murder abstractly isn't that possible. Therefore, it's necessary to analyse and try to understand the all main characteristics elements that are involved in this criminal situation, so how important is the is the power arguments influence of lawyer and judges during the trial.