Brazil Seems Liberated?
This book by Brazilian "program girl", Bruna, sounds very interesting, and I might have to read it after I finish the other 10 or so books I've got stacked up to read. However, the article raises an interesting point.
Carnival and the general sensuality that seems to permeate the atmosphere can give the impression that Brazil is unusually permissive and liberated, especially compared with other predominantly Roman Catholic nations. But experts say the real situation is far more complicated, which explains both Bruna's emergence and the strong reactions she has provoked.
Which surprised me, because knowing about the "violent emotion" and "honor" defenses which gets so many wife-killers in Brazil off, I have never considered Brazil to be particularly permissive and liberated. It occurs to me, however, that most people are likely unaware of this and, so, relate topless beaches and Carnival with Brazil. Which on its own could give the impression of Brazil being a hotbed of sexual liberation. Fine. Perhaps a little education is in order. First a little snippet on the "violent emotion" defense.
In principle, the extent to which a crime was premeditated or the result of momentary passion should be weighed in determining the crime's severity. The violent emotion exception however, is often misapplied to benefit defendants in wife-murder cases who have shown substantial premeditation. In addition, it is often accepted with little or no evidence of an "unjust provocation" by the victim. Thus, murderers who should have received a minimum sentence of twelve years sometimes serve as little as eighteen months.
This does not, however, equally benefit women who kill their husbands. It shouldn't benefit either sex, of course.
According to several prosecutors and judges the violent emotion defense is rarely used in cases in which wives kill their husbands. One state prosecutor told us that "in general, women who kill their husbands are always sentenced to a higher sentence than men who kill their wives. . . . Most men who are accused of killing their wives get simple homicide. Many of the women accused of killing their husbands get qualified homicide.
Now a snippet on the "honor" defense. Note that a woman's refusal to have sex with her husband is seen as justification for him to murder her.
The notion that a man's honor can be gravely threatened by his wife's adulterous action reflects proprietary attitudes towards women deeply rooted in Brazilian society. When Brazil's first civil code was passed in 1914, women were considered perpetual wards, like minors and the elderly. The 1988 constitution grants full equality to women, but the civil code has yet to be changed.
This subordinate status is the basis for the belief that the wife is the husband's property and any action by her that does not fall within the prescribed conjugal norm, especially adultery, constitutes an offense against his honor. In many cases, a successful honor defense depends less on showing the accused's passion or lack of intent to kill than on demonstrating the husband's honor and the wife's dishonorable behavior within a recognized conjugal relationship.44 For example, in one 1972 case, the couple had been married for sixteen years. All was well in the marriage until she got a job, began coming home late and, according to testimony from the accused, refused to pay her "conjugal debt." The husband killed her and was acquitted, again on legitimate defense of honor. The decision was upheld on appeal.
The "honor" defense does not apply to women at all. Nor am I suggesting it should, as in no way is homicide the appropriate response to adultery or a refusal to have sex. I'm simply suggesting (a) that men should not be acquitted on these grounds either and (b) that it's difficult for me to view Brazil as being particularly sexually liberated when a woman's adultery or refusal to have sex constitute grounds for a man to kill her.