SOVEREIGNTY OF VERDICTS VERSUS LEGITIMATE DEFENSE OF HONOR: THE IMPORTANCE OF THE ACTION FOR NONCOMPLIANCE WITH A FUNDAMENTAL PRECEPT (ADPF) Nº 799 IN THE FIGHT AGAINST INSTITUTIONAL VIOLENCE AGAINST WOMEN

Abstract

The First Panel of the Federal Supreme Court, when judging Habeas Corpus 178,777, considering that a new trial would violate the principle of sovereignty of verdicts, canceled the Court a quo decision that had determined the holding of a new jury of the defendant accused of trying to kill his wife and that he had been acquitted under the allegation of self-defense of honor. In this matter, the main problem arises: once legitimate defense of honor is alleged at the time of the trial by the Jury Court (or in the case of the accused's indictment) with acceptance by the sentence body, would the attitude of the Judiciary Power to preclude a new trial in cases of violence against women, under the argument of protecting the sovereignty of verdicts, lead to a naturalization of femicide? Thus, the Supreme Federal Court changes the understanding through the judgment of the ADPF 779/2021, determining that the legitimate defense of honor affronts the Brazilian's Constitution, since it violates the principle of the human person, such as protection of life and gender equality. Regarding this matter, through a theoretical-bibliographic research, the sovereignty of verdicts and the thesis of the legitimate defense of honor in crimes of passion. With this, the objective is to analyze whether the reception of this defensive thesis by the Judiciary would lead to a naturalization of femicide, as well as if there is a movement to perpetuate gender violence endorsed by the State itself. Consequently, this context shows that the Judiciary, as a state power, plays a fundamental role in the production, as well as in the symbolic and legal perpetuation of gender violence to the Brazilian society as an alternative to reducing crime in Brazil. Therefore, gender violence and institutional violence must be fought in search of equality and peace in the Brazilian Society.