Crimes Passionais cometidos por mulheres: entre a vitimização e a autoria no contexto das relações conjugais.

Abstract

The crime of passion is a delict usually motivated by obsessive passion, jealousy, and sense of ownership, which means in some way it runs away from the forced romanticism because it is considered socially as a crime for love. In Brazil, for a long time, that type of crime was considered normal due to the traditional behaviors, where the man whom was betrayed or abandoned by his wife should wash his honor with her blood. Consequently, it has turned the act of passion into a real tradition in Brazilian society. Therefore, the Brazilian courts have accepted the thesis of self defense for the honor as a viable defense for those crimes, which has resulted in numerous acquittals and dissemination of impunity for those who commit crimes alleging passionate. The behavior and the legal understanding of that thesis have changed. However, it is clear for those crimes where the woman is the author, the passionate motivation has never been accepted as a legal defense line. In those cases, there always has the option to the point of views that highlights the female fragility profile, and it underlies the development of this paper. What is the legal line of defense given to women when perpetrators of crimes of passion? As a hypothesis, it follows that even in clearly passionate cases, the defense theory always was based on the victimization process of the author justify the criminal attitude of the female, which appears different in each case, leading to the conclusion that, in the end, the aim is to promote confusion between the author‟s profile and the victim‟s profile. In desideratum to investigate the questioning pointed, this paper has as main objective to analyze comparatively the relation between cultural and legal context that support the legal defense theory of the female authors of evidently crimes of passion. Thus, it employs the deductive method and the technique of literature research. As conclusion of this paper, it has realized the passionate does not show convincingly suitable as a legal defense theory for the female author of the crimes against her partner, whether in contemporary justice, or in the old justice.