A legítima defesa da honra e sua (in)compatibilidade com a plenitude de defesa e com a soberania dos veredictos: uma análise da ADPF 779/STF

Abstract

This paper addresses the issue of the defense of honor and its (in)compatibility with the full defense rights and the sovereignty of verdicts, including an analysis of ADPF 779 from the Federal Supreme Court. The justices ruled in favor of the decision, affirming the declared unconstitutionality and preventing the use of this argument by legal practitioners, both directly and indirectly, in order to preserve the dignity and integrity of the victims. However, the debate on the issue revolves around how compatible it is with constitutional principles, particularly with the right to full defense, considering the necessity of such alignment with the Federal Constitution. With both supporting and opposing arguments, and through doctrinal and jurisprudential analysis, the conclusion is reached that the compatibility could have been better explored in ADPF. This fact, however, does not result in the inapplicability of the decision, whose application should thrive within the legal system in favor of protecting the victims who, as exposed in the research, have long been neutralized and violated within the criminal context.