LEGITIMATE DEFENSE OF HONOR: ANALYSIS OF THE CONSTITUTIONAL ACTION FOR NONCOMPLIANCE WITH FUNDAMENTAL PRECEPT (ADPF) 779

Abstract

Objective: This article analyzes the (un)constitutionality of the legitimate defense of honor thesis, based on the decision issued by the Brazilian Supreme Federal Court (STF) in ADPF 779. It seeks to understand the legal foundations of the ruling and its implications for the full exercise of defense rights in jury trials.

Methodology: The study adopts a qualitative and dialectical approach, supported by doctrinal and jurisprudential review. It draws upon criminal and procedural law manuals, academic articles, and analyses on the constitutional protection of honor and the limits of state punitive power.

Results: The research identifies contradictions in the ADPF 779 decision, particularly regarding the restriction of the defendant’s defense rights, raising debate over the balance between the protection of human dignity and the guarantee of full defense.

Conclusions: The study concludes that while the STF’s decision advances gender equality and human rights, the restriction of legitimate defense theories must be balanced against the preservation of due process and the constitutional guarantee of plenary defense.