A injúria qualificada pelo preconceito e seus desdobramentos

• Autor(a) principal: Manfré Filho, José Antonio Encinas
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/7005
• topic: Honra; Constituição; Bem jurídico; Injúria; Preconceito; Intolerância; Honors; Constitution; Legal right; Injury; Prejudice; Intolerance; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The scope of this study refers to the processing of the offense from qualifying insult by prejudice specified in the third paragraph of Article 140 of the Criminal Code, based on historical approaches regarding the entitlement to honor, in constitutional legal seat and over the treatment given to offense of libel through the prevailing criminal law degrees in Brazil, we even include the steady the current forecast the Criminal Code. Also, issues to consider as the practice of such conduct, although driven by the breach of subjective honor of the offended individual part may project the effects with respect to that legal interest, well as an unknown group of people, echoing on a wider scale at the community. Further more as a result of advance human media, such as the case with the Internet aspects that allows you to admit the idea of mishandling to collective honors. Based upon these premises, they are also seen deployments, such as the possibility, through the injury, express themselves an intolerance scope and hate aspect into vogue nowadays even more owing to racially issue, prejudiced, involved in such way of behaving . Eventually, based on the assumption proportionality, to veneer of the necessity of effective protection from legal assets, admitting themselves changes in legislation, in case concerning the criminal action aimed at the processing from a discriminatory insult