Descriminalização do infanticídio enquanto delito autônomo.

Abstract

This work has the teleological aim to seek the basis for the decriminalization of infanticide, as an autonomous legal figure. The research was conducted by reading. file, analysis and discussion of books, texts, magazines, and other publications, printed and virtual, useful for the development of the works. The most respected class of criminalists were studied so that we could deepen our discussions. In order to achieve the proposed objective, we had to analyze the valuation variations regarding infanticide in some societies, since the crime was absorbed in different ways in the historical evolution of peoples. We observe, in this approach, that this same crime was already allowed in some civilizations as a sacrifice offered to the gods; he had been fiercely repressed during the Middle Ages by the strength of the Catholic Church; and, today, and typical conduct sanctioned mildly, by influence of the 18th century jusnaturalist current. Infanticide enters the Brazilian legal system with the Repressive Statute of 1,830. Since then, the criminal type has been producing a huge stir among the country's criminalists. Today, intricate discussions ensure that the criteria for conceptualizing the crime are not worthwhile to justify it as a delictum exception, namely: the reason for preserving the woman's sexual honor; and the physiopsychic criterion of the influence of the puerperal state. Another doctrinal divergence concerns co-delinquency, some claim that the co-perpetrator is responsible for the offense on screen, others, assert that he should answer for homicide. There is also the imprecise meaning of the expression "just after childbirth", generating different understandings about the time lapse. The relevance of the permanence of infanticide as an autonomous crime is questioned. Once it is possible to ban this criminal type from our legislation, for there is already a legal provision for homicide, privileged homicide (committed for reasons of relevant social or moral value), and the possibility of characterizing the non-imputability or criminal semi-imputability provided for in article 26 and the sole paragraph of the CP, respectively. the possible reformulation of the special part of the Penal Code in force by the Ministry of Justice, we opted for the decriminalization of infanticide as an autonomous right of its own legal figure.