RECOGNITION BY THE SENTENCE COUNCIL OF CULPOSE EXCESS IN LEGITIMATE DEFENSE IN ATTEMPTED HOMICIDE

Abstract

This work addresses the issue of recognizing culpable excess in self-defense, in the Jury Court, in the event of attempted murder. The objective of the study is to outline the fundamental concepts and point out the legal foundations for situations of excess in the aforementioned exclusionary cause of illegality, deepening the work on the theme of culpable excess and the legal consequence of its recognition by the Sentencing Council. Using a qualitative approach, the research was based on a bibliographical review, including analysis of doctrine and related jurisprudential precedents. In conclusion, it is understood that the majority is understood as the possibility of culpable excess in self-defense in cases of attempted homicide, a hypothesis in which the agent will be held responsible with the application of the secondary precept of culpable homicide, with the incidence of reducing the penalty for the attempted modality.