DALTON TREVISAN'S “DIE, WRECKER” IN THE LIGHT OF THE BRAZILIAN CRIMINAL CODE

Abstract

This study, based on the legal-literary interpretation of the short story “Morre Desgraçado” by Dalton Trevisan and part of the national legal system, aimed to analyze the story from the figure of excess in self-defense and its risks of imputing the excess to the victim woman. of violence. It considered the current Brazilian legislation, in a rational reflection of the law in the face of the object extracted from the story, and a bill capable of changing the directions of the Brazilian Penal Law and its practical effects on society, especially on the life of women victims of violence. A qualitative approach was chosen, since the object studied in terms of excess is of great subjectivity and discussion in the legal world. In the interest of the search for answers, it was combined with explanatory research and bibliographic research in the story itself, in the Criminal Code commented by Cezar Roberto Bitencourt, in the Federal Constitution of 1988, in the Brazilian Penal Code (Decree-law nº 2.848/1940), in Bill No. 882/2019 and in the Maria da Penha Law (Law 11,340/2006). The study revealed that it is dangerous to blame the woman for excess in defense if one considers all the elements already known about the differences between men and women, as well as the inconsistency of Brazilian legislation for now treating women with a special law and at another time of common way in order to condemn her for remnants of conduct by legitimately defending herself from the aggressor who threatens her.