PRINCIPLE OF JURY'S INTIMATE CONVICTION X PROHIBITION OF HONOR LEGITIMATE DEFENSE THESIS

Abstract

The present study proposes a reflection about an institute that is much debated in the Brazilian jurisdiction. The general object of this work is to highlight the importance of reforming the Brazilian procedural system in view of the need to exclude the system of intimate conviction of jurors and procedural globalization of the principle of free motivated conviction. It will be discussed the necessary prohibition of an outdated thesis known as "legitimate defense of honor", which the defense uses as a justification for passionate homicides. A brief analysis will be made in a timeline of disparity relations between men and women, also passing through the emblematic case of Doca Street. As already known, intentional crimes against life are judged by the Jury Court, which has lay judges who will judge the case by the intimate conviction system. This means that people, most of the time without legal knowledge, will judge a similar person according to their conscience, without having to justify it. This is where the problem comes in: How would it be possible to prohibit the use of the thesis of legitimate defense of honor when it is not possible to know on what basis the juror was based when he cast his vote? Therefore, it will not only seek to prohibit the aforementioned thesis, but also to study the feasibility of establishing the system that is the rule in criminal proceedings, which is the “motivated conviction system”.