IN DUBIO PRO REO: Análise da imputabilidade penal no transtorno da personalidade borderline na violência doméstica

Abstract

This work aims to analyze volition and behavior in Criminal Law and its application in cases of domestic violence, identifying how forms of domestic violence can affect the characteristics of the person with borderline personality disorder along with volition, which can affect the assessment of criminal liability in cases of domestic violence in accordance with the principle of in dubio pro reo. A qualitative literary review was used in the databases Periódicos CAPES, Google Scholar, Scielo (dated from 2000 to 2023); in specialized literature and on the official Planalto website. The emotional instability of the person with BPD along with aspects of affective relationships can lead to aggressive situations within the domestic environment, such as psychological and physical violence that can be marked by impulsivity, as well as intentional, which lead to doubts regarding their judgment, of so that they must be evaluated in the concrete. Therefore, when in doubt about imputability, semi-imputability applies; doubt about semi-imputability, non-imputability applies. It is noted that psychological violence has the nature of semi-imputability, due to the intentional aspects of relational maintenance and physical violence may contain the assumption of non-imputability, linked to impulsiveness and intense anger.