A inconstitucionalidade da tese da legítima defesa da honra nos casos de feminicídio no Brasil

Abstract

This monograph deals with the unconstitutionality of the defense thesis of legitimate defense of honor in cases of femicide in Brazil. In the first chapter of this work, the analysis of the historicity of machismo and patriarchy, as well as the failed attempt of criminal law in protect women, in compliance with the principle of human dignity. Then, we will address the technical aspects of the legitimate defense thesis, and the proportionality in the cases of invoking the thesis of legitimate defense of male honor in cases of femicide before the Jury court. Finally, in the third chapter we will deal with the unconstitutionality of the thesis of legitimate defense of honor and the consequences of the judgment of ADPF 779. Of the popular judgment by the Plenary of the Jury Court. After analyzing the doctrine and jurisprudence, it is concluded that the thesis of the legitimate defense of honor, in fact, is not about self-defense, and that the recognition of its unconstitutionality will have an erga omnes effect and will result in nullity of the act, proof or judgment in which there is the citation or insinuation of such thesis, as it hurts the human dignity, gender equality and perpetuates the sexist and patriarchal mentality in the process criminal law and in Brazilian society