Feminicídio e a tese da legítima defesa da honra nos crimes passionais contra as mulheres no tribunal do júri: controvérsia da proibição da “legítima defesa da honra” sob a ótica da ADPF 779, julgada pelo Supremo Tribunal Federal

Abstract

The aim of this article is to address the theme of the legitimate defense of honor in the context of crimes of passion committed against women, in light of jury trials and from the perspective of ADPF 779, judged by the Supreme Federal Court. This defense strategy was commonly used in cases of femicide, aiming for acquittal, particularly within jury trials, based on misogynistic arguments that place a higher value on the man's honor to the detriment of the woman's life. In this context, the article seeks to dissect the existing discussion between the right to full defense, based on the "objective honor of the defendant," versus the violation of the woman's right to life and the complete erosion of her dignity as a human being. Furthermore, the significance of the ruling in ADPF 779 by the Supreme Federal Court for the protection of women's lives will be examined. To achieve this, it is first necessary to understand the concept of legitimate defense from its original conception, comparing it to the so-called "legitimate defense of honor." Next, the use of the legitimate defense of honor argument in crimes of passion against women in the context of jury trials will be analyzed, along with societal awareness of this defense and its connection to gender-based violence. Following that, the article will explore the most prominent case in this context: the murder of Ângela Diniz by her partner Doca Street, who employed the defense and was acquitted. Finally, an analysis of ADPF 779, including its requests, votes, and final decision, will be conducted. In conclusion, it will be argued that the defense of honor thesis does not hold up in the Brazilian legal system, due to its incompatibility with numerous constitutional provisions and its disqualification as legitimate defense in its true sense