A motivação como causa de aplicação de circunstâncias de privilégio ou de qualificação no homicídio passional

Abstract

The right to life is a fundamental human right, due to the Brazilian Federal Constitution of 1988. Consequently, and because of his notorious severity, homicide is the crime that introduces the Brazilian Penal Code. In this context, the so-called "passionate homicide", commonly known by the course of an intimate relationship between victim and aggressor, draws attention from all levels of society, by presenting reprehensible characteristics that demonstrate excessive danger in the manner of the homicidal. Therefore, on the varied ways in which the passionate homicide presents itself, there is the possibility of being treated more leniently or more burdensome way in the legal setting, with various consequences to the aggressor. As a result, this paper aims to present, in an overview, how the crime of homicide is treated in the Brazilian Penal Law. After, we tried to properly conceptualize what is meant by crime of passion, the reasons that lead the active agent to the consummation of the homicide and the profile usually presented by people who commit it. With these elements, we sought to distinguish the cases in which the passionate homicide could be considered privileged by violent emotion, shortly after the unjust provocation by the victim or qualified by futile or vile motive, situations which, if recognized, produce different consequences when the execution of the sentence by the person convicted.