VIOLENT EMOTION AND UNJUST PROVOCATION: LEGAL LIMITS OF CRIMINAL MITIGATION UNDER INTERDISCIPLINARY ANALYSIS

Abstract

This article analyzes the violent emotion and the unjust provocation of the victim from the legal and psychological perspectives in the context of Criminal Law. A qualitative and explanatory approach is adopted, based on bibliographic research in updated sources, aiming to understand the interaction of these categories in the dynamics of criminal practice. The normative and doctrinal elements that underlie the application of the criminal mitigating factor are examined, with emphasis on the limits and interpretative possibilities in the treatment of the agent acting under intense emotional load. The analysis emphasizes the importance of the factual and subjective contextualization of those involved, promoting a critical reflection on the state's action in the face of crimes committed under strong emotional impact and provocation. It is concluded that the integrated understanding between Law and Psychology contributes to a fairer application of the criminal law, respecting the principles of proportionality and individualization of the penalty.