Legítima defesa como excludente de ilicitude e o limite da reação do agente

Abstract

One of the purposes of Law is to regulate life in society, to make its individuals live in peace with each other. When, for some reason, this peace is threatened, the Law enforces its duty through Laws and sanctions against the offender. The study and the information given to the subjects of a society are essential so that they understand their rights and duties, in this sense, it is essential to analyze an institute as important as self-defense, in order to promote a more in-depth knowledge on the subject and allowing the reader, who perhaps passes through some type of situation described in this work, to be able to protect himself, protected by the legislation. As a mechanism to curb unjust aggression, selfdefense is an extremely important institute within our criminal law, therefore this work aimed to seek a greater understanding of self-defense, through concepts, classification of the species most explained by the doctrines renowned in the area, discussion of the single paragraph recently added by Law 13.964 / 2019 and its effectiveness in practice, as well as identifying the necessary assumptions so that a person can avail himself of the benefit of this illegality exclusion, which are to repel unjust aggression, current or imminent with moderate use of the necessary means. We analyzed the figure of error in execution (aberratio ictus), when the agent, when trying to repel the unjust aggression, injures a third party who is not part of the litigation. The offendicles were discussed as mechanisms to defend property, definition, examples, excesses in relation to the installation of these protection devices. The study also brought up the figure of excess, its main classifications, what are the consequences for the person who commits any type of excess, exceeding the limit allowed by law to protect himself within legitimate defense, being judged by his actions. To highlight the issue, there was a basis for the argument through doctrinal citations and jurisprudence related to the proposed theme.