O tipo legal de crime de homicídio qualificado do Código Penal de 1995

Abstract

The present thesis aims to reflect on the crime of “qualified homicide”, which intends to preserve the value of life, configuring an aggravated form of protection, alongside other simple and mitigated crimes of homicide. Such aggravation results of a cumulative raise of the illicitness and the culpability, being at stake an objective or a subjective form of illicitness, embodied in some of the qualifying circumstances, which conform the crime of “qualified homicide” to the principle of legality, conferring certainty and security in its application. Thus, the crime of qualified homicide lacks homicidal intent and qualifying intent, along with a corresponding qualified guilt. The crime of “qualified homicide” can be punished in the form of authorship or other forms of participation, as well as in the form of a mere attempt, provided that all requirements are met, and it can be qualified by only one of the qualifying circumstances or by several, but the occurrence of qualifying and privileging circumstances doesn’t seem to be possible, due to their incompatibility, so it is necessary to establish which prevails.

Date of Award	7 Jul 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)