Infanticídio honoris causa e a dupla legalidade de gênero no Código Penal brasileiro de 1890

The honoris causa infanticide in the Brazilian Penal Code of 1890 implied an apparent reward for women who committed it in order to conceal their own dishonour. The problem addressed by this research lies in an initial investigation into the existence of a double level of gender-based legality in the Republican Código Penal, starting from the study of this specific offence. The research was conducted using bibliographic-documentary research technique. As a general objective, it was verified the presence of subjective differentiations in the criminal codification, which discriminated against women through the category of “honour” and sustained moral standards of modesty by promoting a domesticated image of female sexuality. The findings, presented in the final considerations, lead to the perception of a “double level of gender-based legality” in the criminal system, a phenomenon analysed through the notions of the double level of legality in criminal norms and the logic of sexual honesty.