RAMALHO, M. R. A.; http://lattes.cnpq.br/7011391101544681; RAMALHO, Maria do Rosário Arruda.
Resumo:
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.