CRIMES CONTRA AS PESSOAS - DIREITO PENAL

Summary

This educational video provides an introduction to crimes against the person under the Brazilian Penal Code. It covers a variety of offenses, including homicide, suicide or self-harm instigation, infanticide, abortion, bodily harm, and endangerment of life and health. The video also discusses the legal process, including the role of the Tribunal do Júri in judging intentional crimes against life and the specifics of crimes such as domestic violence and the transmission of contagious diseases. The content is designed to offer a clear and concise explanation of these legal topics for students and learners.

Takeaways

• 😀 The Brazilian Penal Code is divided into two parts: General and Special, with the Special part addressing specific crimes.
• 😀 Crimes against life, including homicide, suicide assistance, infanticide, and abortion, are covered under Articles 121-128 of the Penal Code.
• 😀 The jurisdiction for trying intentional crimes against life is defined by the Brazilian Constitution, with trials conducted by the Jury Court.
• 😀 The Jury Court exclusively handles intentional crimes against life, excluding negligent or reckless offenses, such as manslaughter.
• 😀 The crime of robbery followed by death (latrocínio) is not judged by the Jury Court, as it is classified as a property crime.
• 😀 Homicide refers to the act of killing another person, with specific forms such as femicide, where the victim is a woman.
• 😀 Inducing, instigating, or assisting in suicide or self-harm is considered a crime, especially with the rise of online influence.
• 😀 Infanticide is when a mother causes the death of her child during or shortly after childbirth, often due to temporary mental disturbances.
• 😀 Abortion is illegal in Brazil except in cases where the mother's life is at risk, the pregnancy results from rape, or the fetus is diagnosed as anencephalic.
• 😀 Lesão corporal (bodily harm) is when someone intentionally causes physical harm to another person, and the punishment is more severe if the victim is a close family member.
• 😀 Periclitação da vida e da saúde (endangerment of life or health) includes crimes like exposing others to venereal diseases, serious illnesses, or placing someone in immediate danger, such as abandoning a helpless person.

Q & A

What are the two main parts of the Brazilian Penal Code?

The two main parts of the Brazilian Penal Code are the General Part and the Special Part. The General Part deals with general principles of criminal law, while the Special Part focuses on specific crimes.

Which crimes are considered crimes against life according to the Brazilian Penal Code?

Crimes against life include homicide, inducement, instigation or assistance to suicide or self-mutilation, infanticide, and abortion. These are outlined in Articles 121 to 128 of the Penal Code.

What does the concept of homicide entail in the Brazilian Penal Code?

Homicide refers to the act of killing another person. It includes qualified homicide, which is often related to gender-based violence, such as femicide, where the victim is killed due to her gender.

What is femicide, and how does it differ from regular homicide?

Femicide is a form of homicide specifically targeting women due to their gender. It often occurs as a result of domestic violence or other gender-based factors.

What is infanticide, and under what circumstances does it occur?

Infanticide occurs when a mother kills her child during childbirth or while in the puerperal state, which involves significant psychological and physical changes that may impair the mother's ability to understand her actions.

When is abortion legal in Brazil?

Abortion is legal in Brazil when the mother's life is at risk, when the pregnancy results from rape, or when the fetus is diagnosed with anencephaly (a condition where the fetus lacks a brain).

What is the penalty for a crime of bodily injury in Brazil?

The penalty for bodily injury in Brazil is typically more severe if the crime is committed against a family member such as an ascendant, descendant, sibling, spouse, or partner.

What does the crime of periclitation of life or health involve?

Periclitation crimes involve putting someone in a situation where their life or health is endangered. This includes actions like knowingly transmitting a sexually transmitted disease or leaving someone vulnerable to severe harm, such as abandoning a person unable to care for themselves.

What is the crime of abandonment of incapacity?

The crime of abandonment of incapacity occurs when a person abandons a child or an incapacitated adult in a situation where they could suffer serious harm to their health or life due to their inability to defend themselves.

How does the Brazilian Constitution impact the trial of crimes against life?

According to the Brazilian Constitution, the trial of intentional crimes against life is handled by the Jury Court. It guarantees the accused the right to a fair trial, with full defense, confidential voting, and sovereignty of verdicts. However, the Jury Court does not handle crimes that are classified as negligent (culpable) crimes.