Ausência de requisitos delineadores para configuração do excesso na legítima defesa

Abstract

Self-defense is provided for in article 25 of the penal code, being a way for individuals to defend themselves from an aggression they are suffering, in which the State is not present to make the defense, and, therefore, it is necessary to act by itself and that it takes place at the exact moment when the aggression is happening, since it will de-characterize the self-defense if done moments after the aggression. According to article 23 of the Brazilian Penal Code, in its item II, it proposes that it will not be a crime when the agent acts in self-defense, since it excludes the exclusion of illegalities, however, in the sole paragraph of the same article it is explicit that the he himself will be liable for the excess, whether intentionally, with intention, or culpably, that is, without the intention of exceeding. Therefore, this article will deal with self-defense and the means to determine its excess, since self-defense must be fair, proportional and moderate. Keywords: Self-defense. Excess. Deceit or guilt. Exclusion of illegality.