A REALIDADE SOMBRIA DO INFANTICÍDIO E OS EFEITOS DO ESTADO PUERPERAL NO BRASIL

Abstract

Infanticide is a crime which a mother kills her own child, during or shortly after birth, under the influence of the puerperal state, contrary to what is naturally expected by maternal instinct. Therefore, the objective of this work is to analyze thebiopsychosocial conditions that influence women in the crime of homicide of their newborn child committed by their mother, in view of their peculiarities, in contrast to the Brazilian reality and the stigmatized role of women in an extremely sexist society, which continues to penalize women for being women. The methodological procedures were bibliographic and documentary research. The bibliography relating to the topic in question was sourced from research in books, scientific articles, informative magazines, newspapers, laws and jurisprudence. It was observed that the puerperal state significantly affects the mental health of the parturient woman, greatly altering her perception of reality, as well as making her relatively or entirely incapable of understanding the illicit nature of the fact or of determining herself in accordance with this understanding. Therefore, it is concluded that Criminal Law, when carrying out its criminal prosecution, must not have a merely objective view of the right when protecting constitutionally protected assets, in addition, it must also observe which factors lead women to commit the crime of infanticide, since Everything points to unfavorable pre-arranged conditions for the accused, such as poverty, lack of access to health, leisure and education, things that should be made available by the State, thus demonstrating their co-culpability.