CRIMES OF PASSION AND PUNISHMENT: PASSIONALITY AS A LEGAL PSYCHOLOGICAL FACTOR IN PUNISHMENT DOSIMETRY

Abstract

This study focuses on the concept of passion in homicide crimes, aiming to understand how intense emotions influence criminal behavior and how they are considered in sentencing. An interdisciplinary approach is adopted, combining Criminal Law, Legal Psychology, and Social Sciences, with an emphasis on Brazilian doctrinal and case law analysis. The research discusses the historical construction of the concept of crime of passion, traditionally associated with acts committed under strong emotional influence, and its use as a mitigating factor in sentencing. However, this understanding has been increasingly challenged, especially when linked to gender inequality, the emotional control exercised by the aggressor, and social patterns that normalize violence against women. Cases such as Ângela Diniz and Eloá Pimentel, along with recent rulings from the Brazilian Supreme Court (STF) and Superior Court of Justice (STJ), demonstrate a more critical stance from the Judiciary regarding claims of passion, recognizing its use as an attempt to justify violent and often premeditated acts. The methodology is qualitative, descriptive, and inductive, based on case analysis and theoretical reflection. The study concludes that the legal treatment of passion must consider social, cultural, and emotional factors without disregarding criminal responsibility, and proposes preventive measures such as emotional education, psychological support, and improvements in criminal legislation.