ALCÂNTARA, B. S.; http://lattes.cnpq.br/5933597091379527; ALCÂNTARA, Bruno Soares.
Resumo:
The present scientific research has as objective studying the crime of murder, in
particular the passionate, and also the murderer’s profile. Presenting all evolution of
the Brazilian penal law since her source, till the present day. It study the passion,
lasting feeling that permeate the murderer’s mind, that moved by an emotional lack,
commits more reproved crime by the society. It analyzes the possibility of being
considered a crime practiced in honor’s self-defense, and if is still compatible with the
current law, or if the defenders of the passionate rather adopt the thesis of
manslaughter than passionate murder. It makes use of methods: historicalevolutionary, investigating and comparing the present penal law and the past penal
law, knowing all the evolution that has the passionate murder; the dialectical and
exegetical-legal analyzing if the passionate murder have some king of pathology or
psychic disturbance, that make him don’t understand the illicit nature of his conduct,
with the legal social ways used by the defense of the passionate, and the use of the
literature search and electronics keys, for the reunion and knowing of the found
information. Concluding for the non-application of the honor’s self-defense thesis,
and the persuasiveness of the defense in concrete case, that for the beauty
argumentation, it makes knowing the privilege, requiring a medical expertise to prove
the nonimputability of the conduct.