A (im) possibilidade de aplicação da qualificadora do feminicídio as vítimas transexuais

• Autor(a) principal: Torres, Nayara Tramontin
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5569
• topic: Violência contra as mulheres; Homicídio; Feminicídio; Transexual

The present monographic work conducted through a bibliographical research, has as its theme the (im) possibility of applying the qualifier of feminicide to the transsexual victims. The general objective of this monograph was to identify if the feminicide qualifier (Law 13.104 / 2015) could be applied to female transsexual victims. Regarding the types of research, it is important to note that, in terms of the level, there is an exploratory research, since a bibliographical survey was carried out in order to verify the doctrinal understandings about the subject; As for the approach, the research is qualitative, since the verification of the data obtained came from the interpretative analysis present in the bibliography object of the legal research; and, finally, regarding the procedure, it is characterized as a research of the bibliographic and documentary type. Based on the research, we have verified the existence of two positions in the doctrine about the subject, and the first, more conservative trend, argues that it can only appear as a passive subject of the legal text in comment the woman in its genetic conception or chromosome, thus using the biological criterion of woman's definition. On the other hand, the second trend, with a more modern position, defends that the transsexual woman can be a victim of feminicide, however, there is a division between the doctrinators within the current, since most adopt the civil legal criterion, which defines as being "Woman" means a person who has a record of the woman's record in her seat, since it brings greater juridical certainty, and the minority of the doctrinators adopt the psychological criterion of woman, who argues that it is sufficient for the person to recognize himself as a woman for there is the possibility of applying the qualifier. In addition, it was concluded that the criminal law prohibits the application of analogy in malam partem, so it is only possible to apply the qualifier of femicide to transsexual victims, when there is a proper alteration of the civil registry, since it is legally recognized as woman in all spheres of civil life, there would be a contradiction in denying such protection under Criminal Law.