Homicídio privilegiado-qualificado como crime hediondo: uma análise na Jurisprudência do Tribunal de Justiça do Maranhão

Abstract

The research contemplates the discussion if the existence of the hybrid figure of the crime of privileged-qualified homicide it’s possible in the Brazilian criminal legal system and if this peculiar criminal figure typified in article 121 of the Penal Code would have its hideous nature in the jurisprudence of the Court of Justice of the State of Maranhão (TJMA), having as theoretical support the doctrine and the jurisprudence. The crime of homicide is a highly reprehensible conduct by our legal system as well as by our society, and this research is on the admissibility or not of the hybrid figure of homicide that includes both a privilege (art. 121, §1) and a qualifier (121, §2) and also whether this hybrid homicidal figure has a hideous nature. The research adopts the method of deductive reasoning, from the type of exploratory research and adopts a bibliographic procedure, including books, scientific articles, constitutional legislation, from which it seeks to evidence concepts and positions of different scholars and doctrinaires in order to expose the theoretical framework of the subject as its insertion today, proceeding to due and indispensable criticism in the clarification of the object investigated (GIL, 2010). First, the concept and main aspects of the crime of homicide will be shown, then the second chapter will analyze the definition and main features of the hybrid figure of privileged-qualified homicide and its hideous nature in light of the doctrine and finally, the third and last chapter will question the hideousness of the hybrid figure of mans laugther-murder homicide in the judge-made law of the Court of Justice of the State of Maranhão.