Crimes contra a honra: análise principiológica penal e constitucional da necessidade de descriminalização

Abstract

The purpose of this study is to understand the assumptions underlying criminal protection of selected legal assets and to analyze the adequacy of the penal types against honor in view of the relevance of the legal good they protect and the consequent need to decriminalize these crimes. It is a research in the deductive model of methodology. The literature used as a theoretical basis for the present study has demonstrated the importance of criminal and constitutional principles for the selection of criminal legal rights. This is because criminal and constitutional principles exist as prerequisites and requirements for criminal protection, legitimating and justifying their necessity, making jus puniendi be exercised by the State on a regular basis, since Criminal Law is the most burdensome means that the State has to curtail individual rights and freedoms for the repression of unwanted conduct. Thus, it will be analyzed each of the criminal types against honor - slander, defamation and slander - to understand the legal good they protect, that is, the objective and subjective honor and the intention of the legislator when selecting such conduct as criminal. From then on, it will be understood how the legal good of honor is treated by the Brazilian normative set, ascertaining the constitutional, civil and penal predictions of the theme. Finally, we will discuss the processes of decriminalization and decriminalization, in order to conclude on the need for criminal protection of the legal good of honor in the light of these institutes, selecting what is best suited to the reflection of this study.