Os crimes no triângulo amoroso: uma discussão psicanalítica historicamente contextualizada a respeito do conceito de violenta emoção no Direito Penal Brasileiro

• Autor(a) principal: Arreguy, Marília Etienne
• Data de Publicação: 2008
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/4584
• topic: Violent emotion; Crime of passion; Social symptom; Unconscious temporality; Violenta emoção; Crime passional; Sintoma social; Temporalidade inconsciente; CNPQ::CIENCIAS DA SAUDE::SAUDE COLETIVA

The following thesis has as its aim the advancement of an analysis of the Brazilian penal norms as they pertain to violent emotion, grounded on the study of the passionate criminal act. Its basis for study is a discussion concerning the psychic temporality of the act that sustains the distinctions within the juridical institution of violent emotion presented in articles 28; 65, III, c; 121 § 1º et 129 § 4º of the Brazilian Penal Code. From a genealogical construct, the historical antecedents of such laws were targeted and then interpreted in light of psychoanalytic concepts and contributions from social anthropology regarding the imaginary customs that nourish the profusion and judgment of crimes within the sphere of love. The work method hinged on a theoretical study in the deductive-constructive manner based on sources ranging from different theoretical/practical fields and on open interviews with jurists and specialists on criminology. The historical transformations of the trials indicate a transposition from the old indulgence towards criminals to today s appeals for the harshening of sentences, showing that justifying or punishing crimes of violent emotion in the sphere of love represents a symptom directly linked to a social context. The concept of violent emotion is not immune to theoretical simplifications, given the emphasis placed on the dimensions of conscious culpability within the penal law system, the predominance of interpretations linked to the psychic-physiological aspects of the drive, as well as the incipient weight placed on the unconscious, culturally determinant conditions of the criminal act among couples. In this manner, the text in the referred Articles may unduly serve for the lessening of sentences for crimes involving couples, just as the due attenuation of sentences may be overlooked when the defendant suffers from prolonged social and psychic privations comprised of a discontent often times dissociated from the time of the criminal act. Pointing out such limitations, one must recognize the importance of the existing reference to violent emotion as a generic means for criminal attenuation and criticize its use as a privilege for the lessening of sentences in crimes of impetus among couples. A psychoanalytic, historical study of the theme stresses the need to enhance the subjective responsibility tied to the realization of a psychopathological tendency, yet furthermore enhances the social responsibility in relation to crimes of passion, thus underscoring the importance of providing alternatives to the penal court answer in order to promote a careful interpretation of articles on violent emotion for the better understanding of the unconscious temporality inherent to these crimes in the penal context.