LAVAR A HONRA COM SANGUE? Análise sobre a ADPF 779 e a inconstitucionalidade da tese da legítima defesa da honra no Brasil

Abstract

Cleansing honor with blood? Analysis of the ADPF 779 and the unconstitutionality of the thesis of legitimate defense of honor in Brazil is part of studies that highlight the analysis of socio-legal problems through categories of reading of society originating from feminist experience and struggle. In light of the recent decision of the Federal Supreme Court that declared the thesis of legitimate defense of honor to be unconstitutional, this monograph aims to demonstrate that referred determination represents a major advance in the fight against gender-based violence and in no way it violates the principles of the fullness of defense and the sovereignty of the verdicts that govern the Jury Court, the main argument used to criticize the Supreme Court's decision. In order to achieve this purpose, based on the theoretical-methodological apparatus provided by the dialectics of women's history and feminist constitutionalism, we will seek to demystify the dominant patriarchal ideology and its ill-fated model of honor to finally delve into the grotesque legal and social problems that swarm by legitimizing the use of the abject argument of legitimate defense of the male honor.