Infanticídio
: o fundamento do privilégio punitivo

  • Laura Garcia Moreira (Student)

Student thesis: Master's Thesis

Abstract

The crime of infanticide is one of the types of homicide enshrined in the Portuguese Penal Code. The article 136 of that same code, states that “A mother who kills her child during or immediately after childbirth and while still under its disturbing influence shall be punished with imprisonment of 1 to5 years”. Bearing in mind that the penal framework applicable to both simple homicide and aggravated homicide is higher than for the crime of infanticide, we need to understand why. This study will be based on an attempt to understand the justification behind the punitive privilege in cases where the commission of a crime of infanticide is at stake, as well as understanding concepts such as “disturbing influence” and “during or immediately after childbirth” - concepts that are taken from the very letter of article 136 of the Penal Code - and what their relevance is in the commission of this type of crime. So, we'll start with a chapter dedicated to a journey through the beginnings of the crime of infanticide, as well as its evolution within portuguese criminal legislation. We will then move on to the next chapter, which will be the core of this dissertation, where we will address the fundamental issues inherent in the study of the crime of infanticide, and where we will try to understand the justification for privileging the penal framework applicable to cases of infanticide.
Date of Award29 Nov 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorGermano Marques da Silva (Supervisor)

Keywords

  • Infanticide
  • Disruptive influence of childbirth
  • Privileging
  • Guilt
  • Illegality

Designation

  • Mestrado em Direito

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