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oai:doaj.org/article:7861fa46a01b4d3fa19a63d37c6d30bf

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ANALYSIS OF THE INFLUENCE OF GÊNERO ON THE DISTINCTION OF TRIALS FOR PASSIVE CRIMES

Abstract

Passive crime can be understood as being motivated by softer feelings. it is justified by various situations such as cyume, defence of honour, feeling of possession, among others. Crimes passive offences constitute a particular category of offence and are characterised as crimes which they involve a real or imaginary relationship between two people and occur from feelings abandonment, rejection or cyumms. On the grounds of passion, such a crime is often committed by cruel, violent and hitting the alleged love or someone who is very expensive for him — especially children. “Passive homicides in themselves have an unbleak desire for self-affirmation. He above all, show itself in the command of the relationship and cause suffering to others. Your story of love is egocentric” (Eluf, p. 157, 2009). This work seeks to make a parallel between the history of the trials of passive crimes that took place in Brazil at different times: the case of the Penha sphere, the murder of Ângela Diniz and the recent cases of the Pirra Barra sphere and the murder of the funkeira Amanda Bueno, comparing the different conceptions attributed to criminals from his gênero – male or female. Methodology used involves a literature review. According to UN, at least 5 women are killed each year in the name of honour, and despite the scarcity of data counted in Brazil, every 10 crimes of a passive nature on average are committed against women. This difference is possibly linked to the inferred position in which the woman is still placed socially, as if its role were to accept possible treason and rejections in their relations natural softwood, different from when the man is the person who suffers the rejection. Is not if the woman was expected to behave independently, she did not have any attitudes considered liberal either. in their relationships, and passive crimes against women involve a feeling of possession and a kind of punishment for conduct other than that expected. The country has a history of patriarchal society, where women are marginalised and disadvantaged at home, professional and social. In the time of Brazil colônia, Portuguese law protected men who killed them. women if they were ulcers, and later amendments to the penal code still reduced the blame for the person who he or she killed for that justification. The same, however, was not valid where the woman committed the crime. The legitimate defence of honour until recently was still an argument in the courts, often effective in alleviating the punishment of those who have committed the crime. This defence; which has fallen into disuse in the current criminal code, it remains present in our culture. In cases of crime passive by men, honour is said to be linked to the duty that the woman must be faithful. subsumes its partner and its obligation to remain respectfully bound, failing which honour could be recovered, even through violence. Interestingly, the crimes analysed here: they have been committed by women and have reached the main purpose of man’s affection – children – while the they were committed directly against her wife. Despite social and legal changes, it is possible identify that positioning against crimes committed by men or women in this context is still it is differentiated in contemporaneity. The supposedly ‘libertines’ of Ângela Diniz, and Amanda Bueno was seen as good reasons why his partners could kill; now the “conifers” of the 11 Penha and Barra do Pirra were strongly condemned there regardless of the conduct of men with who had relations, especially because they committed the crime against children – children of the alleged children lovers. It should not be the role of individuals involved in a soft relationship to attribute responsibilities or obligations for the conduct of the other should also not be expected that certain behaviour is allowed or restricted on behalf of gênero. The cases in this work show that the stigmatisation of women as responsible for having been the victim of a crime or repudiated by eating it is a persistent issue despite the passage of time and changes, albeit small, in the the social context and in the search for equal rights and duties independent of the gênero.

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