3

Introduction
Manslaughter is something that is reasonably common in the country, but it is a bit different
from the imagination we have built around the idea of “killing someone”, which defines
homicide. The vast majority of people imagine an act of murder, not that someone purposely
commits violence against another person. This is an image socially constructed by culture and
fear of urban violence. But the truth is that the vast majority of the population, especially without
any type of involvement in crime and violence, is much closer to a type of homicide that does
not even concern the intention of killing someone.

It seems like a nightmare or a movie plot: an ordinary citizen accused of a murder he never
wanted to commit, without having made any decision that he knew would lead to someone's
death. But that is, in fact, the classic definition of manslaughter.

Main goal
 Focus on manslaughter.

Specific objectives

 Define the guiding concepts of the theme;

 Mention manslaughter;
 Characterize culpable homicide.

Methodology

By methodology, we understand a set of procedures with which research is carried out. In this
work, we resorted to a bibliographical research.
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Manslaughter
According to BITENCOURT (2017), Manslaughter is the type of crime in which a person causes
the death of another unintentionally, but through negligence, recklessness or malpractice. It is
characterized by a lack of intent to kill but a breach of the duty of care. Manslaughter is when
someone causes the death of another person without intending to kill, but through negligence,
recklessness or incompetence.

In Brazilian law, homicide is nothing more than the act of “killing someone”. In this way, every
individual who kills someone is a homicide. However, it is enough to reflect a little on the
subject to understand that “killing someone” is a very broad term. The person who points a
firearm at another and pulls the trigger killed someone. The one who cut a tree and didn't
correctly consider its path and ended up causing someone's death in the fall also killed someone.
Although the act is the same, the two situations are very different (Idem).

This is where the term “culpable” comes in. A culpable act is one that has no willful relationship
with its consequence. In other words, the culpable act presupposes responsibility, but not will.
Thus, there are three ways in which a culpable act is carried out:

 For recklessness, which is when a person performs a certain act that is clearly risky and
should not be taken in a certain situation, such as lighting a cigarette near fuel;
 Due to negligence, which is when a person fails to take the necessary precautions to
ensure that everything is safe? This is an example of those who leave loaded firearms in
plain view at home, without any type of protection against children;
 Due to malpractice, which is when a person carries out an action without having the
necessary technique or knowledge to do so, causing the event for which they are
responsible? This is an example of someone trying to operate a complex machine with
which they have never had contact or training (Idem).

Prevention of manslaughter

To prevent manslaughter, it is important to adopt the following measures:

 Practice defensive driving and respect traffic laws, avoiding speeding, driving under the
influence of alcohol or drugs, and using appropriate safety devices;
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 Handle firearms responsibly, following all safety standards and proper storage;
 Pay attention and care when carrying out activities that may pose a risk to the lives of
other people, such as working at heights, handling dangerous substances or providing
medical services;
 Keep up to date with the rules and regulations relevant to your area of professional
activity to avoid errors and negligence;
 Promote awareness of the importance of safety and respect for life, both at an individual
and collective level (Idem).

Remembering that preventing manslaughter requires the engagement of all individuals in society
in adopting responsible and respectful behaviors in relation to human life (Idem).

Causes of manslaughter

The causes of manslaughter can vary, but generally involve negligence, recklessness or
incompetence on the part of the perpetrator. Some examples of common causes include speeding
in traffic, driving under the influence of alcohol or drugs, carelessness when handling firearms or
negligence in providing medical care (Genoa, 2004).

Characteristics of manslaughter

Some characteristics of manslaughter include:

 Lack of intention to kill: Unlike intentional homicide, in culpable homicide there is no

intention to cause the death of the victim;
 Unintentional cause: The victim's death occurs as a result of negligent, reckless or
impermissible actions by the perpetrator, without there being the direct intention to cause
the death;
 Violation of duty of care: The perpetrator of manslaughter fails to comply with the duty
of care expected in a given situation, resulting in the death of the victim;
 Criminal liability: Although it is a less serious form of crime in relation to intentional
homicide, culpable homicide can still result in criminal liability for the perpetrator,
subject to legal sanctions (Idem).
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Penalties for manslaughter

As we have seen, the base penalty for manslaughter is 1 to 3 years in prison. However, this
penalty can be increased or decreased in some cases (GRECO, 2013).

 Increase in penalty: if the agent does not provide assistance to the victim; if he flees to
avoid arrest in the act; if you had permission or qualification to drive a vehicle; if he
practiced medical activity without legal authorization; if it failed to follow technical
standards; whether the risk was unduly increased;
 If the crime was committed against a person under 14 years old or over 60 years old; if he
committed the crime under the influence of alcohol or drugs.
 Reduction of the sentence: if the consequences of the crime are so serious that the
sentence becomes unnecessary or excessive; if the agent spontaneously confesses his
guilt; whether it cooperates with investigations; effective repentance is demonstrated
(Idem).

Advantages and disadvantage of manslaughter

Manslaughter has no advantages, as it involves the loss of a human life due to the negligence,
recklessness or incompetence of the perpetrator. However, it is important to highlight that
culpable homicide is considered a less serious form of crime compared to intentional homicide,
as there is no intention to kill. The disadvantages of manslaughter are the pain and suffering
caused to the victim's family, as well as the legal and social consequences for the perpetrator
(Idem).
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Conclusion
At the end of the work it is clear that culpable homicide is provided for in article 121, paragraph
3, of the Penal Code. It occurs when someone kills another person unintentionally, but because
of reckless, negligent or negligent conduct. In other words, the perpetrator does not intend to kill,
but acts carelessly, irresponsibly or without the necessary skill to avoid the result of death. An
example of negligent homicide is the case of a driver who runs over and kills a pedestrian while
driving at high speed or under the influence of alcohol.
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Bibliographic references
BITENCOURT, Cezar Roberto (2017). Treatise on Criminal Law - Special Part - Vol. 2 – ed.
17th, ed. Hail.

GRECO, Rogério (2013). Criminal Law Course / Rogério Greco. – 15. ed. Rio de Janeiro:
Impetus.

Genoa, Jairo José (2004). Judicial forgiveness for traffic crimes and crimes with less offensive
potential. IBCCRIM, January 5th.
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Table of Contents
Introduction......................................................................................................................................3

Main goal.........................................................................................................................................3

Manslaughter...................................................................................................................................4

Penalties for manslaughter...............................................................................................................6

Advantages and disadvantage of manslaughter...............................................................................6

Conclusion.......................................................................................................................................7

Bibliographic references..................................................................................................................8