Strict performance of legal duty and self-defense - some dogmatic considerations on targeted killings and homicides in resistance to authority

Abstract

This paper examines the legal nature of the defenses stipulated in Article 23, Item III of the Brazilian Penal Code, with a particular focus on the strict performance of a legal duty. From this perspective, the research will challenge the applicability of self-defense—as outlined in Article 25, sole paragraph, of the Brazilian Penal Code—to public security agents when acting in obedience to lawful order. Subsequently, it will analyze, including through a comparative lens, the body of rules governing the use of police force. As a factual context for this critical reflection, this study investigates the issues related to targeted killings and homicides in resistance to authority within police operations.