legitimate defense
[/lɪˈdʒɪtɪmət dɪˈfens/]
nounpl: legitimate defenses
legítima defesa
1. The right to use reasonable force to protect oneself, another person, or property from immediate harm or threat, without incurring criminal liability
The defendant argued that shooting the intruder was a case of legitimate defense.
O réu argumentou que atirar no invasor foi um caso de legítima defesa.
2. A legal justification for using force when facing imminent danger or unlawful aggression
Under the law, legitimate defense is allowed when there is an actual and present threat.
Sob a lei, a legítima defesa é permitida quando há uma ameaça real e presente.
3. In legal contexts, the use of necessary and proportional force to repel an unlawful attack
The court recognized his legitimate defense against the violent attacker.
O tribunal reconheceu sua legítima defesa contra o agressor violento.
Legitimate defense is a fundamental legal principle in both Brazilian and American jurisprudence, though with different applications. In Brazil, it is codified in Article 23 of the Penal Code. In the USA, self-defense laws vary by state, with some states having 'stand your ground' laws. The concept is deeply embedded in legal systems as a protection against criminal prosecution for individuals protecting themselves or others from immediate harm.
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