Legítima defesa da honra: do surgimento da tese no direito brasileiro ao julgamento da ADPF 779.

Abstract

The present work approaches the thesis of the legitimate defense of honor from its origins and through the legislative and historical evolution in Brazil until the ADPF 779 judgment. jury court, based on misogynistic reasoning, strengthening itself from gender inequalities to weigh in a superior way the honor of men at the expense of women's lives. For the construction of the research, initially, it is necessary to understand the concept of self-defense, from its original conception, making a comparison with the so- called self-defense of honor. Then, it is necessary to approach the gender perspective to understand the scenario that made possible the social acceptance of this thesis and the legislative evolution of the legislation that gives protection to violence against women in the country. At the end, the analysis of ADPF 779, its requests, votes and final decision are analyzed. Therefore, the research technique used is bibliographic and documentary. The deductive approach method is still used. The procedures used are the historical and the interpretive method. In the end, it is concluded that the thesis of the legitimate defense of honor is not supported in the Brazilian legal system, due to its incompatibility with numerous constitutional provisions and its own deconstitution as legitimate defense itself.