DEFESA DA HONRA NO JÚRI: CASO DOCA STREET, REFLEXÕES E NARRATIVAS NO JORNAL A REPÚBLICA - SP

Abstract

This paper will discuss the thesis of legitimate defense of honor and its application in the court of the jury, reflecting on a classic case of crime of passion in the History of Brazilian Law, the Doca jury, based on an unprecedented discursive analysis of a documentary source from the time, the Newspaper A República - SP.

In this sense, the main objective would be to point to a supposed social legitimacy of this thesis, forged in part by the remnants of patriarchal traits in our culture and by the criminal legislation of the time, as well as to bring a relationship with the recent position of the Federal Supreme Court, in the scenario of deliberation of ADPF 779 - 44 years after this emblematic jury - when it declared the unconstitutionality of the thesis.

This thesis - widely used in cases of femicide - was not only backed by the legal system, but was also for a long time understood as legitimate in the social fabric. This double backing resulted in a definition of institutional arrangements and the core of a legal culture that coexisted with gender prejudice and discrimination reproduced in social norms, the media and fictional narratives.