The criminal relevance of conducts that offend honor in the configuration of present society: the insult

• Grant number: 17/13596-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: October 01, 2017
• End date: September 30, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Fernando Andrade Fernandes
• Grantee: Louise Fernanda de Oliveira Dias
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The right to honor is historically recognized and permeates the various branches of the national legal system. Despite its recognition, including its prediction in international documents, there is currently a questioning about its dignity to be subject to norms of a legal nature, considering the relativization attributed to the honor value. Although this dignity is recognized, there is a questioning about the necessity of the criminal intervention in certain hypotheses of affectation of the honor. This double-faced questioning is directly related to the variation of the exposure and the intensity that honor can be affected by the advance of the technical resources experienced in the current configuration of society that understands the real also by an immaterial dimension, mainly by the influence of the Internet which, virtually, breaks with time and space boundaries. This investigation is concerned with analyzing the criminal dignity and the need for criminal intervention of the right to honor in the current configuration of society from the perspective of the language theory. (AU)