Protection of the vulnerable Penal Code: an analysis in light of the crime of qualified homicide

DOI: https://zenodo.org/records/15520747

Abstract

The 1988 Constitution introduced rights and guarantees for individuals considered vulnerable, meaning citizens who, for some reason, find themselves at a disadvantage or in an exposed position compared to others. As a result of this protective framework, the legislator added an aggravating factor to the Penal Code for women who are victims of this crime, known as femicide, and later established femicide as a specific criminal offense. Similarly, aggravating circumstances were introduced for security agents and crimes against adolescents and children under fourteen years of age. Thus, this study aims to examine the (in)adequate protection in cases of aggravated homicide committed against the elderly, people with disabilities, and adolescents over fourteen years of age, as there is a noticeable disparity in protective measures, particularly between penalty enhancements and the classification of the crime as aggravated homicide for these vulnerable groups. The general objective is to provide a historical analysis of the rights of children, adolescents, the elderly, and people with disabilities. The specific objective is to study the crime of aggravated homicide under Brazilian legislation and its modifications over the years. The methodology is based on a systematic literature review, drawing upon specialized legal doctrines, legal articles, federal constitutions, previous penal codes, subsequent legislation related to the 1940 Penal Code, international treaties, and other relevant legal frameworks. Ultimately, the study concludes that protection among vulnerable groups is applied unevenly in the Brazilian legal system, highlighting the need for an aggravating classification for all.