“Matei o meu marido” a inexigibilidade de conduta diversa como excludente de culpabilidade para as mulheres, vítimas de violência doméstica, que matam seus companheiros

Abstract

The present work consists of a literature review on the unenforceability of diverse conduct as a cause of exclusion of guilt for women, victims of domestic violence, who kill their partners. Added to the analysis on the subject, the case study related to a real criminal process, with the objective of giving greater consistency and support to the sustained defense. For the realization of this proposal, it was necessary to develop a socio-legal research, of a qualitative character, using as resources the bibliographic, documentary survey, as well as the normative diplomas related to the subject, in order to confront the legally established with the actually carried out. In these terms, and under the identification that violence against women in Brazil materializes in various ways, it was possible to discuss the social protection network available for these cases, and its inefficiency in the face of the progressive statistics of gender violence in the country. In addition, in the light of a feminist and intersectional view, the increase in female incarceration was identified as another manifestation of violence, just like the prison institution. Therefore, based on the formal definition of crime, the debate about the exclusion of guilt in homicide cases whose perpetrators are women, victims of domestic violence and their executioners are the victims, it is noted that there is sufficient reasoning and coherence in the defense that it is not necessary to conduct anything other than to kill so as not to die at some point.