Infanticídio e imputabilidade penal: análise crítica da compatibilidade com o critério biopsicológico em face da psicose puerperal

Abstract

The crime of infanticide is defined in Article 123 of the Brazilian Penal Code and consists of a mother’s conduct that causes the death of her own child during childbirth or immediately thereafter, under the influence of the postpartum state. Considering the relevance of this element to the typical definition of the crime and its relationship to the psychological conditions of a woman in labor, this study aimed to analyze the compatibility of maintaining infanticide as a distinct crime with the biopsychological criteria used by Brazilian criminal law to determine criminal responsibility. To conduct the study, the legal and doctrinal foundations justifying the existence of the crime of infanticide were examined, as well as its distinctions from the crimes of homicide and abortion. The medico-legal aspects related to the puerperal state, puerperal psychosis, and the effects of these conditions on the perpetrator’s capacity for understanding and self-determination were also investigated. The research is characterized as qualitative, descriptive, and analytical in nature, employing the deductive method and bibliographic research techniques. The theoretical review was based on current legislation, specialized doctrinal works, scientific articles, and jurisprudential interpretations relevant to the topic. The results obtained demonstrate that the legal treatment of infanticide is consistent with the structure of the Brazilian criminal justice system The postpartum state influences maternal behavior without eliminating her capacity to understand the wrongfulness of the act or to act in accordance with that understanding. However, it has been found that postpartum psychosis may constitute a distinct situation, given its potential to impair the mental faculties of the woman who has given birth, a circumstance that may justify a finding of lack of criminal responsibility or diminished criminal responsibility, provided it is duly proven through a technical expert evaluation. It is concluded that the correct application of criminal law requires an individualized analysis of each specific case, taking into account the mental state of the perpetrator at the time of the act, in order to ensure compliance with the principles of culpability, individualized sentencing, and human dignity.