THE INFLUENCE OF CANON LAW IN THE MODERATION OF DEFENSIVE ACTION. A STUDY ON PROPORTIONALITY BETWEEN LEGAL ASSETS IN SELF-DEFENSE

Abstract

The objective of this work is to investigate whether the content of the adverb “moderately”, provided for in the regulation of self-defense in the Brazilian criminal legal system, should be interpreted in the sense of a requirement of proportionality in the strict sense. Therefore, in structural terms, the work is divided into two parts. In the first, we sought to analyze the influences of Canon Law in the moderation of defensive action. Subsequently, in the second part, using the inductive method, the arguments that are at stake in the debate regarding the incidence or not of a proportionality judgment (stricto sensu) were analyzed. In the end, it was concluded that it was impossible to attribute to the term “moderately” the requirement that the defender weigh the legal interests in conflict.