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HOMICÍDIO QUALIFICADO AGRAVADO | MOTIVO FÚTIL | PROVOCAÇÃO | CIDADÃO BRASILEIRO | AFRICANO | ACULTURAÇÃO | ÍMPETO SEXUAL

 

Supreme Court of Justice, proc. 370/15.6JALRA.C1.S1, 14.09.2017

 

JURISDICTION: Criminal

SUBJECT: Crimes of aggravated murder, assault, and possession of illegal weapon

RAPPORTEUR: Helena Moniz

RULING: Dismisses the defendant's appeal, confirming the lower court ruling which had sentenced the appellant to a total penalty of twenty years’ imprisonment, for the crimes of aggravated murder, assault, and possession of illegal weapon.

DOMESTIC LAW:

Code of Criminal Procedure [Articles 105(1), 120(1), 368(2), 379(2), 400(1)(f), 409(1), 410(2), 412(1), 416(1), 417, 434, 513(1)]

Criminal Code [Articles 40, 71, 77, 131(1), 132(1)(2)(e)].

Portuguese Constitution [Articles 13, 32]

Law No. 5/2006, of 23 February 2006, as last amended by Law No. 50/2013, of 24 July 2013 (Article 86)

Supreme Court of Justice, proc. 184/11.2GCMTJ.L1.S1, 22.01.2013

Supreme Court of Justice, proc. 593/09.7TBBGC.P1.S1, 06.02.2013

Supreme Court of Justice, proc. 344/11.6JALRA.E1.S1, 29.05.2013

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Aggravated murder; assault; possession of illegal weapon; futile motive; defendant’s fear; brutality; arrogance, selfishness, pettiness and moral insensitivity; basic legal interest of community coexistence; gratuitous and entirely disproportionate reaction; overall overview of the facts; provocation of the defendant by the victim; Macho bravado; problems of self-esteem; jealousy; body-builder type; swagger; defendant’s unwarranted provocation; offensive provocation by someone wanting to get into trouble; threatened in his sexual virility; regular use of cannabis; excessive use of alcohol in social gatherings; little emotional resonance; unusual aggressiveness and wickedness; sentiments of selfishness, intolerance, arrogance, moral insensitivity and utter disregard for human life; immigrant; Brazilian citizen; nightclub; Brazilian nationality; illegal presence in the country; great social alarm; common citizen with average cultural upbringing; good capacity to integrate and adapt; personality assessment; international arrest warrant; extradition request; criminal career; defendant’s origin as Brazilian; victim’s nationality as African; acculturation problem; way in which each culture views sex drives; integrated in society and the social milieu where he resided, namely speaking the same language; facilitated integration in the community; social dignity; race; territory of origin; equality before the law; defendant’s human dignity; social report

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.

 

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Posted inACCULTURATION AFRICAN BRAZILIAN CITIZEN AGGRAVATED MURDER SEX DRIVE FUTILE MOTIVE PROVOCATION
TagsArrogance, Selfishness, Pettiness and Moral Insensitivity Threatened in His Sexual Virility Swagger Personality Assessment Basic Legal Interest of Community Coexistence Good Capacity to Integrate and Adapt Macho Bravado Brutality Criminal Career Brazilian Citizen Common Citizen With Average Cultural Upbringing Jealousy Excessive Use of Alcohol in Social Gatherings Regular Use of Cannabis Possession of Illegal Weapon Defendant’s Human Dignity Social Dignity Body-Builder Type Nightclub Namely Speaking the Same Language Way in Which Each Culture Views Sex Drives Great Social Alarm Aggravated murder Equality Before the Law Overall Overview of the Facts Immigrant Integrated in Society and the Social Milieu Where he Resided Unusual Aggressiveness and Wickedness Facilitated Integration in the Community International Arrest Warrant Defendant’s Fear Futile Motive Brazilian Nationality Victim’s Nationality as African Assault Defendant’s Origin as Brazilian Extradition Request Illegal Presence in the Country Little Emotional Resonance Acculturation Problem Problems of Self-Esteem Provocation of the Defendant by the Victim Defendant’s Unwarranted Provocation Offensive Provocation by Someone Wanting to Get Into Trouble Race Gratuitous and Entirely Disproportionate Reaction Social Report Sentiments of Selfishness, Intolerance, Arrogance, Moral Insensitivity and Utter Disregard for Human Life Territory of Origin