2023-08-01 22:59:07
Marcello Casal JrAgência Brasil
STF unanimously decided to overturn the thesis of “legitimate defense” for cases of femicide
The ministers of the Superior Federal Court (STF) considered unconstitutional the use of legitimate defense as an argument for cases of femicide. The thesis was invalidated unanimously and the process was concluded this Tuesday (1) after the votes of Cármen Lúcia and Rosa Weber.
The Supreme Court had already formed, in June, a majority to overturn the argument as justification for the crimes. The rapporteur for the case was Minister Dias Toffoli and, from now on, the argument of “legitimate defense of honor” cannot be used by lawyers, police or judges.
Although not supported by national legislation, this thesis was used in judicial decisions that resulted in the acquittal of those accused of femicide. In addition, it goes against international treaties and a wide range of norms to protect the life, integrity and dignity of women.
The STF judged an action filed by the PDT in 2021, where the legend aimed to prevent the acquittal of men accused of femicide on the grounds that the crime was committed for emotional reasons.
When casting her vote, Minister Cármen Lúcia stated that the case deals with “human dignity” and classified the current society as “male, sexist and misogynistic”.
′′ A woman is raped every four minutes. Violence against women in the pandemic has increased insanely. We have to prove that we are not human-like, but we are human. sexist, misogynist, sexist and who kills women for being what they are”, emphasized Carmen.
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