STF resumes trial of legitimate defense of honor in femicide

The Federal Supreme Court (STF) will resume, this Tuesday (1st), the judgment on the thesis of legitimate defense of honor in cases of femicide. The theme consists of the idea that the accused of aggression or feminicide could have his behavior relativized due to the violation of his honor. In some cases, the justification could lead to the acquittal of the accused.

The trial will resume from 2 pm and also marks the end of the recess of the Judiciary. So far, six justices have already voted in favor of suspending the use of this justification, and therefore the Court has already formed a majority. Ministers André Mendonça, Nunes Marques, Alexandre de Moraes, Luís Roberto Barroso and Edson Fachin, followed the vote of the rapporteur, Dias Toffoli, who considers such an argument “hateful, inhuman and cruel”.

At the end of June, the STF had 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 already confirmed Dias Toffoli’s injunction.

At the time, Toffoli had already partially granted a precautionary measure to establish the understanding that this justified contrary to the constitutional principles of human dignity, protection of life and gender equality.

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.