THE INFLUENCE OF THE PUERPERAL STATE ON INFANTICIDE

Abstract

This study aims to analyze the relationship between the crime of infanticide and the puerperal state. The crime studied has a legal provision in art. 123 of the Brazilian Penal Code, this is a special form of homicide, or privileged homicide. The objective was to analyze the relationship between the crime of infanticide and the puerperal state in determining the crime, taking an approach to the historical context, the criminal type and an approach to the social factors that can influence the occurrence of the crime. The result of the research will show that the puerperal state is a debatable state, as the law does not establish the duration, there is no exact definition, and it occurs as a result of the puerperium which, as it does not have a determined duration, leaves no sequelae and is, in a certain way, , difficult to prove scientifically. Proof of the puerperal state is done through medical expertise and if the influence is proven, the agent causing the crime will have a reduced sentence. Based on bibliographical research and analysis of current legislation, as well as doctrine and studies published on the internet, it is expected to evaluate this institute in light of the validity and effectiveness plans that are part of contract law, in order to achieve the main objective.