Violência contra a mulher, produção legislativa e discurso punitivo- um estudo sobre o feminicídio

Abstract

The research scientific aims to analyze violence against women and the relevant legislation to this theme, emphasizing the new changes brought by the legislature, whether the new qualifying the crime of homicide, femicide. The subject developed given the title of: "Violence against women, legislative production and punitive speech - a study on femicide. "Research guided by the following objectives: to analyze violence against women, specifically the legislative production and forms of punishment, from a historical and conceptual bias, as well as the types of gender violence and the profile of the perpetrator and the victim ; It presents a brief comparative study hits of Brazilian law and foreign devices related to violence against women and the patriarchal culture and public policies to combat violence against women existing in Brazil and the world; develops an analysis of femicide, with concept, species of feminicide, feminist movements and the punitive speech, as well as the controversial issues of Law 13.104/2015; ends with the response the situation described in the formulation of the problem and the hypothesis, ie the legislative amendment was a step forward in the fight against gender violence, it is essential and not a setback as some scholars say. The research consists in terms of theoretical framework, works of renowned national and international scholars, monographs and specialized information in articles published on websites. The scope of the proposed activity, performed appropriate use of bibliographic methods, exegetical and legal and collection of data was accomplished through documentary research. It should be noted that the theme is relevant, given be a new law, there are several questions about its application in Brazilian law, both in academic, and the social. At the end of the search, there was confirmation of the problem and elaborate hypothesis, namely: problem - would be Law No. 13.104/2015 an indispensable right of women in the fight against feminicide and this increase in the legislation would only be a step backwards in the quest for equality and combating gender discrimination? Hypothesis: Yes, Law No. 13.104/2015 is an essential right in the fight against feminicide, given that women are in inequality in relation to men. Therefore, the Law 13.104/2015 is preserving the lives of women who are constantly at risk simply because they are women, and changing legislative progress in the fight against gender violence, becoming indispensable and not a step backwards in the fight against gender discrimination.