Excesso exculpável na legítima defesa: a influência da quantidade de disparos de arma de fogo

Abstract

This monographic work analyzed the institute of exculpatory excess in self-defense, focusing on the influence of the quantity of firearm shots fired by the agent. The fine line separating exculpatory excess from punishable excess was investigated, seeking to deconstruct legal dogmas. The methodology adopted was bibliographical and meta- legal research, structured on the dogmatic analysis of Criminal Law, the neuropsychology of human behavior (fight or flight reaction), and the study of terminal ballistics. The results demonstrated that exculpatory excess removes culpability due to the unenforceability of a different conduct, being motivated by the emotional state of fear and surprise. Ballistic analysis indicated the ineffectiveness of psychological incapacitation and the need for multiple shots for immediate physiological incapacitation. It was concluded that the excess of shots in self-defense, when provoked by the emotional state, can be classified as exculpatory excess, suggesting a multidisciplinary interpretation of Criminal Law for a fairer application of the law.