A violência contra a mulher e a legítima defesa antecipada: uma união juridicamente possível?

Abstract

The present work aims to make an analysis of the so-called “anticipated” Self-Defense, in situations of violence against women, in cases in which she cannot have a reaction at the exact moment of the aggression, coming to realize the legitimate defense in a moment of carelessness of the aggressor, cases in which these women have been suffering these aggressions for years. This thesis is widely discussed in the current world, since the doctrine classifies that crime is every typical, anti-legal and culpable action. However, there are some cases presumed in the Legal Order, which bring a possibility of excluding illegality, in cases where there are plausible justifications for the occurrence of the illegal act. The work will make an analysis of exceptional but existing situations that deserve to be analyzed in a more specific way, and the application of the thesis of the anticipated self-defense proposed by the penalist Claus Roxin and by the Federal Judge William Douglas and if this thesis can be applied to cases of women victims of domestic violence who decide to act against their aggressor in a moment of carelessness, because what differs it from the classic legitimate defense, there is no current and imminent aggression, there is only a future and certain aggression. The methodology used for the preparation of this work will be the deductive method with a qualitative approach, using bibliographic readings as a technique, as well as articles and documentaries that allow a better understanding of the chosen theme.