A Possibilidade da legítima defesa antecipada nos crimes praticados por mulheres no âmbito da violência doméstica

Abstract

The present research is a study about the possibility of self-defense in crimes committed by women in the context of domestic violence. This research aims at analyzing the doctrinal and jurisprudential understandings about the application of early self-defense in the context of domestic violence, as well as exposing the theses that characterize and exclude the applicability of this thesis. For the theoretical basis, several authors were used to discuss domestic violence against women, the effectiveness of Law no 11.340/06 (Maria da Penha’s Law) and the applicability (or not) of the thesis of legitimate preventive defense. The method used in the research was exploratory, since the research investigated a problem, in order to provide information for a more precise investigation. Finally, the research found that early self-defense is a new thesis in the Brazilian legal system, therefore, it is not pacified between the doctrinators and in the jurisprudence of the courts. Moreover, it is well-known that, for its proper application, it is necessary to fulfill the prerequisite requirements imposed by the doctrine.