As teorias explicativas sobre o crime de homicídio na decisão judicial - uma análise comparativa entre o discurso dos magistrados e os acórdãos

Abstract

This paper aims to understand if the explanatory theories of crime, specifically about homicide, indicated in the literature, are implicit in the judicial decision. It included 12 judges selected, in accordance with the following criteria: i) to exercise functions in the lower court courts of first instance (because they are the courts where the first judicial decision occurs); and (ii) have at least 5 years of experience in fraudulent homicide cases. The inclusion of the participants was guided by the analysis of the results, introducing new cases of comparison according to gender (six males and six females). The semistructured interview was carried out, with a focus on making judicial decisions. The documentary sample judgments were previously collected using the word homicide for descriptor search in the database of Portuguese judgments, excluding this collection, homicides without intent and judgments without information on the sentence attributed to the Court of Appeal of Porto and the Supreme Court of Justice. The analysis methodology used was content analysis. Concluding that judges refer generally to all approaches to explanatory theories, with emphasis on intraindividual theories, however, it is argued that they refer them unconsciously and without specific knowledge of them.

Date of Award	2017
Original language	Portuguese
Supervisor	Ana Rita Conde Dias (Supervisor)