The disturbance of the senses and intelligence

Authors

  • René Ariel Dotti

Keywords:

Disturbance of the senses, 1890 Criminal Code, Emotional state, Exculpatory defense, Imputability

Abstract

The text recalls the application of art. 27, § 4, of the 1890 Criminal Code, which declared not criminally liable those who were in a state of complete deprivation of the senses and intelligence at the moment of committing the crime, a provision later amended to the expression complete disturbance. It reports a consultation submitted by a lawyer regarding a homicide committed by brothers constantly insulted and slandered by the victim, answered by criminalists such as Esmeraldino Bandeira, Evaristo de Moraes, Alfredo Pujol, Henrique Roxo, and Afrânio Peixoto, who recognized, in the case, the defense of emotional and mental disturbance, invoking the irresistible emotional state and self-defense.

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Author Biography

René Ariel Dotti

Professor Titular de Direito Penal. Membro da Academia Paranaense de Letras.

References

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Published

1995-01-01

How to Cite

DOTTI, René Ariel. The disturbance of the senses and intelligence. Brazilian Journal of Criminal Science, São Paulo, v. 9, n. 9, p. 180–185, 1995. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3383. Acesso em: 20 oct. 2026.

Issue

Section

Antiguidades de Direito Criminal
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