The present dissertation studies the solution given by the Brazilian Judiciary System
concerning to gender conflict which is in the core of judgements of passional crimes
when the victims are women. As empirical analysis it was chosen the Nirvana Case, in
order to analyse gender conflict in Belém. This analysis begins with the concept of
truth, and related difficulties for its apprehension because there are models of behavior
for gender’s roles, as well as the framing procedures whether in the Police Stations or
in the Courts. Essential categories are established for the understanding of the issue,
such as the concepts of emotion and passion; passional crime; basic notions of
Criminal Law and Criminal Law Process. It also aims to evaluate, in the vigency of the
Law 11.340, called Maria da Penha Law, the repercussions of androcentrism on
decisions of Grand Jury, which are made through discriminatory discourses and
through attorney’s defense strategies in Court, which reborn the legitimate defense of
honor. From this analysis, it will be proposed solutions in order to give adequate
responses against this kind of decision, and according to the current status of the
Human Rights and the Democratic State of Law.
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