INFANTICIDE X QUALIFIED HOMICIDE: SUBJECTIVITY ABOUT THE APPLICATION OF PUERPERAL STATUS AND BRAZILIAN JURISPRUDENCE

Abstract

This research, infanticide qualified homicide: subjectivity about the application of puerperal status and brazilian jurisprudence, discusses the conceptualization and brief historical concept of the crimes of infanticide and homicide, as well as the analysis of the puerperal state and the understanding of Brazilian regional courts. The topic discussed is justified considering that in the pre-procedural and procedural phase, the correct identification of the crime committed will alter the entire criminal prosecution, benefiting or harming the accused, because the puerperal state opens up a subjective margin in the criminal context. The problem we sought to answer was whether there is a need to understand how higher courts face the subjectivity of the matter related to the time lapse in the application of the puerperal state and consequently the crime of infanticide? The general objective was to explain the time lapse of the puerperal state, as well as the understanding of regional courts on the matter. The specific objectives are consistent with the analysis of crimes, the crime of infanticide and the identification of the puerperal state. The methodology used was qualitative, where research will be carried out on laws, jurisprudence and theories created by scholars. In the end, the research found that, considering the jurisprudential divergence, each case must be analyzed individually, taking into account the evidence of the influence of the puerperal state at the time of the crime.