O problema do homicídio como reação à “tirania doméstica”

: distinção entre o homicídio privilegiado e a legítima defesa

Abstract

The victim of mistreatment who finds no other way to free herself from the tyrant, no longer enduring constant humiliation, one day decides to put an end to suffering and kills her aggressor. Are we in the scope of self-defense and should the murderer be acquitted for seeing the illegality of the typical conduct excluded by the legal system? Even when the aggression is not yet current, can we be facing a preventive self- defense? Or should the circumstances of violence that surround and motivate the typical fact be considered in terms of guilt, and the murderer can be the target of softer censorship, and therefore, frame the crime in the legal type of privileged homicide? We’ll clarify under what circumstances homicidal conduct is no longer pointed out as a valid model of behavior, and therefore, framed in article 32 of the Penal Code, becoming only susceptible to privilege the crime due to diminished censorship of the typical fact.

Date of Award	21 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)