Homicídio passional: uma questão de privilégio?

Abstract

The passionate accompanies the story of man, as unfathomable as the actual relationship between life and death. Much has already been happening under the cloak of somber arguments that raise the flag of the crime of passion. Seeking to scientifically investigate this issue, suggests itself as general purpose, the need to examine the socio-legal treatment given to the author of crime of passion and its implications in procedural verdicts. For their part, are specific goals: identify the specific for the crime of murder, according to the criminal law homeland; recognize how passionate the individual characteristic of homicidal conduct by linking it to their various aspects motivators, and, finally, it points up the need to assess the importance of socio-legal rhetoric in the outcome of trials of passionate crimes. To do so, pointing to the use of literature search and virtual, using the following methods: historical-rolling, because of legal research of the facts in the light of previous orders, and institutes criminal who had support in place and past; dialectical and exegeticlegal, and where the study of the confrontation between the arguments of the prosecution and defense about the nature of passion and power of rhetoric as an instrument of socio-legal conviction. In conclusion, it appears that there will be a unified response to the subject of research, with great influence of rhetoric in the outcome of trials, especially since, the importance of serious and thorough review sample so that it obtains the decision fair in each case.