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Current paper analyzes criminal court suits in which individuals were accused of murder perpetuated to solve personal conflicts. The social and cultural standards in the solution of conflicts are debated, coupled to the social norms that imbued and interfered in the judgments, within the limits of current research, or rather Brazilian society in mid-20th century. The doctrine of one of the main jurists in the country, analyzing the discrepancies in the 1940 Penal Code, is investigated, or rather, crimes against life and property. Events are investigated where the legitimation of the homicidal act occurred as from social conditions of the people involved and those with psychic and moral conditions. [ABSTRACT FROM AUTHOR]

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Copyright of Sociedade e Estado is the property of Sociedade e Estado and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of this article is to demonstrate that the postulates and principles instituted throughout Western juridical cultures throughout history, served as basis of debate for the juridical operators which were inherent to the formation and implementation of the juridical-penal order instituted in Brazil in 1940. Long-term effects that past historical realities still exercise on present cultural constructions are also investigated. [ABSTRACT FROM AUTHOR]