A tese da legítima defesa da honra e a naturalização da violência contra a mulher

Abstract

This paper aims to analyze, from the perspective of feminist theories of law, the construction and persistence of the thesis of the legitimate defense of honor in the Brazilian legal field. It analyzes the moral and non-legal aspects that form the thesis and the elements that support the validation and naturalization of patriarchal practices and discourses in the Brazilian judicial context, highlighting the role of Law in the reproduction of such elements. The relevance of the struggle of the feminist movement in Brazil to combat violence against women is highlighted, in addition to the reasons that led the Federal Supreme Court to issue a decision that recognizes the unconstitutionality of the thesis of the legitimate defense of honor in femicide trials in Brazil. Finally, the importance of the gender perspective in judicial decisions involving violence against women is presented. The research was developed from a bibliographic analysis based on specialized scientific journals, national and foreign, legislation and jurisprudential data.