Legítima defesa da honra: uma análise da ADPF nº 779/DF à luz do princípio da plenitude de defesa

Abstract

Great repercussion had the judgment of ADPF nº 779/DF, which took place on 05/20/2021, in which the STF understood the unconstitutionality of the thesis of the legitimate defense of honor for contradicting the constitutional principles of the dignity of the human person, the protection of life and of gender equality. Such an argument was overused in the courts by the lawyers of those accused in crimes of passion who sought the benevolence of the jury members in the face of the circumstances that gave rise to the commission of such criminal offenses. It so happens that, for some of these lawyers and other legal practitioners, they understood that this decision would be a form of violation of the principle of fullness of defence, also provided for in the Constitution, which allows prosecutors to use any and all defense matters they deem sufficient for the good exercise its function. Faced with this conflict, the present work seeks, using the research of deductive scientific method with exploratory objectives, initially, to discuss what crimes of passion are, as well as the reasons for their occurrence. Subsequently, it analyzes the elements of the institute of self-defense, with a focus on honor as a legally subject to protection through this exclusion of illegality. Finally, it presents an analysis of ADPF nº 779 in the light of the principle of fullness of defense, which it does seeking to consider whether or not the latter is violated by the decision of unconstitutionality of the thesis.