STF overturns thesis of legitimate defense of honor in case of femicide

The Federal Supreme Court (STF) unanimously decided this Tuesday (1st) that the thesis of legitimate defense of honor cannot be used to acquit accused of feminicide during trials in jury courts. In the first judgment carried out by the STF in the second session of the Judiciary recess, Rosa Weber and Cármen Lúcia followed the vote of the rapporteur Dias Toffol, who considers such an argument “hateful, inhuman and cruel” .

“We have to prove that we are not like humans, we are just as human. There is nothing sentimental about it, it is just a sexist, sexist and misogynist power game, which kills women because they want to be just as they are, masters of their lives “, said Carmen Lúcia, in the judgment in plenary.

At the end of June, the STF had already formed a majority to veto the use of the thesis in cases judged by the Jury Court. Before that, in 2021, the Supreme Court had confirmed Dias Toffoli’s injunction that annulled any judgment that was raised on this argument. Ministers André Mendonça, Nunes Marques, Alexandre de Moraes, Luís Roberto Barroso and Edson Fachin also followed the rapporteur’s vote. Despite the decision taken by the majority, the votes of Gilmar Mendes and Luiz Fux still remain.

The thesis of legitimate defense of honor was questioned in the Supreme Court by the PDT, in an allegation of non-compliance with a fundamental precept (ADPF). The party classified the thesis as “nefarious” and “anachronistic” and stressed that the mechanism is not compatible with the current Brazilian legal system. The caption claimed, however, that it has been raised by lawyers in jury courts, having as a shield the so-called fullness of defense.