Análise Jurídica do feminicídio (lei 13.104/2015): impasses e perspectivas.

Abstract

This research has as object of study Law 13,104, from March 9th, 2015, known as Femicide, whose the aims is to penalize with much more asperity the murder of women, when it comes to female condition that involves domestic and familiar violence, disparagement or discrimination to womanhood. Prior, the validity of that law has generated a situation of greater security and protection to women. Therefore, there was great celebration by the feminist representative in the parliament and the feminist movement around the country. However, the insertion of femicide in the Penal Code, although it has been recently, is already a subject of numerous disputes and doctrinal conflicts, especially when it has been placed to the prism of the constitutional principle of equality. The qualifying of femicide has provoked intense debate among scholars of the gender issues (sociologists, psychologists, lawyers etc). The criminalization of femicide is in accordance to the Law 13,104 / 2015, which provides as qualified and heinous crimes the murder of women for "reasons of the female condition", is induced to question the impasses and perspectives related to this classification, as also, whether there is violation of the constitutionally guaranteed equality to Brazilians (and foreigners resident in the country). The research is justified by the legal and social concerns about the enactment and effectiveness of the law in society. The research was based on consultation with current legislation, books, specialized statistical data, theses and articles. The approach method is deductive, that is, It will be a general analysis of how the qualifying of femicide established by Law 13,104 / 2015 is treated in the Brazilian legal system, to be inferred from the specific analysis, highlighting the impasses and perspectives on the effective application of this qualifying, and to assess whether the constitutional principle of equality is being violated. Methods procedures are historical and comparative given the need to adduce regarding the treatment directed violence against women over time. It is evident that the above law has contributed to a greater visibility of the murders of women involving the gender condition, however, there is still much to be done so that they are properly investigated and punished as provided for in legislation.