A supressão do crime de infanticídio no Código Penal Brasileiro.

Abstract

The bound that links mother and son is really one of the most significant and true links already revealed in mankind. However, nor always this bound is enough to prevent that be cases of mothers who, after birth, kills her own sons. Despite the repugnance that this kind of behavior causes, the infanticide crime was foreseen by the legislator as a special and independent way of privileged homicide, what authorizes the attenuation of the punishment. The present work has as general objective to analyze the typical figure's tibian elements, searching legal support for the suppression of the infanticide crime of Brazilian's Criminal Code. As specific objectives, are pointed, respectively, to raise historical informations about the infanticide crime; to know the diverse forecasts regarding the crime of infanticide in the foreign criminal legislation; to investigate the imposed legal paradoxes in the application of the infanticide criminal type. For so, were used as appropriate methods of bibliographical research, the historical-evolutive, the comparative and the legal exegetic methods. Is wanted with this course conclusion work, reaching the presented objectives, the solution of the following problem, with the confirmation of the related hypothesis: Is there legal security in the way of forecast and apply the criminal device that defines the infanticide crime in brazilian's Criminal Code? No, because there isn't secure medical-legal orientation about the manifestation and duration of the puerperal state; likewise, because in the cases where the crime is practiced along with other people, serious legal inconvenience will appear, also attributing to the third the special punishment only destined to the author (mother), for its peculiar situation. The conclusion that is got is that the forecast of the infanticide crime is uncertain, loading serious vices of congruence inside the criminal system and, because of it, this prevision is dispensable. Thus, the mother who kills its son, during or soon after birth, will respond for qualified murder, however, having to receive proper treatment to its profile in the culpability ground, as either considered imputable, inimputable or half-imputable. Its concluded, finally, for the necessary and justified suppression of the infanticide crime legal forecast in the native Criminal Code, being the behavior understood in the homicide crime forecast of the same legal statute.