A honra enquanto bem jurídico: sobre a tutela penal da autoestima e da consideração social

• Autor(a) principal: Nolasco, Thiago Guilherme
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9685
• topic: Criminal law; Legal interest; Honor; Slander; Calumny; Defamation; Injury; Direito Penal; Bem jurídico; Honra; Calúnia; Injúria; Difamação; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL

In order to achieve its essendi ratio, that is, to promote peaceful coexistence, the State uses the rule of law to perform social control and, ultimately, safeguard the citizens living under its rulership. In this sense, criminal law is particularly important seeing that it has the task of enunciating especially offensive behavior for life in society, besides providing and setting to apply, for each criminal conduct, penalties or security measures. It is true, too, that this branch is also the ultima ratio, the ultimate protection, which is why it can only be triggered as from the failure or inefficiency of all other judicial guard means, whereas the punitive power invests, as a rule, against the most precious of human rights, namely, their freedom. Taking these assumptions into account, looms a relevant concern: the honor, essential part of men s personality, given their dogmatic features, still deserves the punitive protection of criminal law? Are there no other means able to bring sufficient legal care? It is from these questions that this dissertation is developed. Therefore, it will be sought, at first, to understand how the most important values and dearest interests of man enter into criminal harvest (protected legal interest theory). Next, it will be undertaken an effective immersion in the research theme, seeking to understand the foundations that historically settled and determined legal protection of honor (methodological splitting), besides promoting an effective diagnosis of the shelter provided Civil Law and Criminal Law in order to understand if civil honor differs from penal honor. Finally, a critical analysis will be carried out, about honor as a protected legal interest in Criminal Law, with the final aim of bringing notes about future horizons regarding the guardianship of this individual value.