NÓBREGA, F. F.; NÓBREGA, Francynara Ferreira.
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.
