Análise crítica sobre a natureza qualificadora do feminicídio.

Abstract

The present study has the main objective of analyzing the legal nature of the new feminicide qualifier introduced in article 121 of the Brazilian Penal Code by Law 13.104, on March 9, 2015, including expressly the new qualifier in the role of heinous crimes. The doctrine diverges on which kind of qualifier feminicide would fit best, if subjective, objective or objective-subjective (also called "mixed"). Thus, a brief approach is made in the historical context of the position of the female figure in a patriarchal society, the relationship of male domination over women, and how this has impacted on gender based violence that victimizes women to this day . Also, the history of violence is rescued from criminalistic indicators of records of murders of women for reasons of gender, we come to the conclusion that feminicide represents an exponentially growing phenomenon. It examines the legal device that inserted the feminicide qualifier in the Brazilian legal system, the justification for its implementation and how it is configured. The work has the following problematic, linked to the very definition of the legal type: is the feminicide qualifier objective, subjective or mixed? In this sense, it concludes by the recognition of the qualifier as being of a subjective nature. To achieve the objectives, the deductive method was used, using a bibliographical and virtual research technique, having as primary sources: laws, jurisprudence and doctrines of renowned jurists. Secondary sources, scientific articles, data collection in Map of Violence 2015, magazines and reading of texts that deal with the problematic were also used.