Murder (Brazilian law)
Encyclopedia
In Brazil
, homicide
is punished under article 121 of the Penal Code
. It is split into two different categories: homicídio doloso (where the agent acts with the intent to kill, or taking the risk of killing as being a predictable consequence of his or her acts), and homicídio culposo (where the agent has no intention to kill, nor takes the risk of killing as a predictable consequence of his or her acts). The penalty for intentional homicide varies from six to twenty years; the penalty for unintentional homicide varies from one to three years.
Intentional homicide may be further qualified (qualificado) by any of the following circumstances:
In these cases, penalty varies from twelve to thirty years.
Penalties for intentional murder
are increased by one third if the victim is under fourteen or over sixty years old.
Penalties for intentional murder may be reduced by the judge by one sixth to one third, if it was committed for reason of relevant social or moral motivation, or under violent emotion
, caused by unjust provocation
of the victim.
Penalties for unintentional murder are increased by one third, if it results of inobservation of technical rule of professional activity, or if the agent fails to soccur the victim, does not act to lessen the consequences of the act, or flees to avoid detention.
Penalties for unintentional homicide can be not applied, at the judge's criterion, if the consequences of the crime affect the agent so strongly that the penal sanction reveals unnecessary.
Infanticide
, defined as the killing of a newborn, during birth or immediately after by its own mother, under the influence of puerperal state, constitutes a different crime, punished under article 123.
The Brazilian Penal code also has provisions that apply to any crime, including homicide:
The penalty for attempted crimes varies between one and two thirds of the penalty prescribed for the crime (article 14, II).
Impossible crimes are not punished (article 17).
Killing in legitimate defence isn't punishable (article 23, II).
There is no penalty if the agent is unable, due to mental disease
or incomplete development, to understand the nature of the act or to behave in accordance to such understandment (article 26). Instead, the agent should be interned in a psychiatric institution (article 96).
Minors of 18 are criminally inimputable (and are dealt with according to the Estatuto da Criança e do Adolescente, instead of the Penal Code) (article 27).
The penalty should be aggravated if the agent is reincident, or if the victim is a relative, a pregnant woman, an ill person, or is under protection of authorities, or if the act is committed during public calamity or personal disgrace of the victim, or with abuse of power or violation of professional duty (article 61).
The penalty should be atenuated if the agent is under 21 years old, or has spontaneously confessed to the crime (article 65).
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
is punished under article 121 of the Penal Code
Penal code of Brazil
The current Penal Code of Brazil was promulgated in 1940, during the Estado Novo regime.The Brazilian Penal Code includes libel as a crime....
. It is split into two different categories: homicídio doloso (where the agent acts with the intent to kill, or taking the risk of killing as being a predictable consequence of his or her acts), and homicídio culposo (where the agent has no intention to kill, nor takes the risk of killing as a predictable consequence of his or her acts). The penalty for intentional homicide varies from six to twenty years; the penalty for unintentional homicide varies from one to three years.
Intentional homicide may be further qualified (qualificado) by any of the following circumstances:
- if it is committed for pay or other reward, or other vile motive;
- if its motivation is futile;
- if committed with the use of poisonPoisonIn the context of biology, poisons are substances that can cause disturbances to organisms, usually by chemical reaction or other activity on the molecular scale, when a sufficient quantity is absorbed by an organism....
, fireFireFire is the rapid oxidation of a material in the chemical process of combustion, releasing heat, light, and various reaction products. Slower oxidative processes like rusting or digestion are not included by this definition....
, explosive, asphyxiaAsphyxiaAsphyxia or asphyxiation is a condition of severely deficient supply of oxygen to the body that arises from being unable to breathe normally. An example of asphyxia is choking. Asphyxia causes generalized hypoxia, which primarily affects the tissues and organs...
, tortureTortureTorture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, or other cruel or insidious mean, or of any mean that may result in danger to other; - if committed by treachery, ambush, dissimulation, or other means that turn defense difficult or impossible;
- it committed to ensure the execution, ocultation, impunity, or profit of other crime.
In these cases, penalty varies from twelve to thirty years.
Penalties for intentional murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
are increased by one third if the victim is under fourteen or over sixty years old.
Penalties for intentional murder may be reduced by the judge by one sixth to one third, if it was committed for reason of relevant social or moral motivation, or under violent emotion
Emotion
Emotion is a complex psychophysiological experience of an individual's state of mind as interacting with biochemical and environmental influences. In humans, emotion fundamentally involves "physiological arousal, expressive behaviors, and conscious experience." Emotion is associated with mood,...
, caused by unjust provocation
Provocation
Provocation and provoke may refer to:* Provocation , a type of legal defense in court which claims the "victim" provoked the accused's actions...
of the victim.
Penalties for unintentional murder are increased by one third, if it results of inobservation of technical rule of professional activity, or if the agent fails to soccur the victim, does not act to lessen the consequences of the act, or flees to avoid detention.
Penalties for unintentional homicide can be not applied, at the judge's criterion, if the consequences of the crime affect the agent so strongly that the penal sanction reveals unnecessary.
Infanticide
Infanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
, defined as the killing of a newborn, during birth or immediately after by its own mother, under the influence of puerperal state, constitutes a different crime, punished under article 123.
The Brazilian Penal code also has provisions that apply to any crime, including homicide:
The penalty for attempted crimes varies between one and two thirds of the penalty prescribed for the crime (article 14, II).
Impossible crimes are not punished (article 17).
Killing in legitimate defence isn't punishable (article 23, II).
There is no penalty if the agent is unable, due to mental disease
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
or incomplete development, to understand the nature of the act or to behave in accordance to such understandment (article 26). Instead, the agent should be interned in a psychiatric institution (article 96).
Minors of 18 are criminally inimputable (and are dealt with according to the Estatuto da Criança e do Adolescente, instead of the Penal Code) (article 27).
The penalty should be aggravated if the agent is reincident, or if the victim is a relative, a pregnant woman, an ill person, or is under protection of authorities, or if the act is committed during public calamity or personal disgrace of the victim, or with abuse of power or violation of professional duty (article 61).
The penalty should be atenuated if the agent is under 21 years old, or has spontaneously confessed to the crime (article 65).