Infanticide as a social crime:: The inappropriateness of the puerperal state as a characterizing element of the crime
Infanticide consists of killing one's own child, during childbirth or thereupon, being the mother, while committing the criminal conduct, influenced by the puerperal state. Therefore, this article aims to analyze the puerperal state’s concept, by differentiating it from both the puerperium and...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica de São Paulo (PUC-SP) |
| Repositorio: | Direitos Democráticos & Estado Moderno |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/61738 |
| Acceso en línea: | https://revistas.pucsp.br/index.php/DDEM/article/view/61738 |
| Access Level: | acceso abierto |
| Palabra clave: | Puerperal state Infanticide Puerperium Mental disorders associated to puerperium Estado puerperal Infanticídio Puerpério Transtornos mentais decorrentes do puerpério Infanticidio Puerperio Trastornos mentales derivados del puerperio |
| Sumario: | Infanticide consists of killing one's own child, during childbirth or thereupon, being the mother, while committing the criminal conduct, influenced by the puerperal state. Therefore, this article aims to analyze the puerperal state’s concept, by differentiating it from both the puerperium and the mental disorders from which it may result, to understand whether the puerperal state effectively exists or if it is an invention. About the method, bibliographical research was performed, based on books and scientific articles which discuss this subject, as well as a case study of an infanticide that had occurred in the province of Salta, Argentina. As a result, it was verified that the puerperal state is not similar in its characteristics to a mental disorder resulting from childbirth, nor can it be mistaken with the puerperium. It is concluded that the puerperal state is a legal fiction created by the legislator of the Brazilian Penal Code, back in 1940, and that such expression should be altered in its code reference, to better understand what goes on to a woman who had committed infanticide. |
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