Feminicídio: a desnecessidade do novo tipo penal feminicídio

• Autor(a) principal: Ribeiro, Lúcia Ribeiro
• 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/7546
• topic: Feminicídio; Isonomia; Qualificadora; Gênero; Violência

The purpose of this research is to study Law 13,104, dated March 9, 2015, known as the "feminicide law", in order to demonstrate, with another perspective, its efficiency. It is intended to refer this law to the equal treatment of a constitution in its principle of isonomy in its objectives, with this, to demonstrate a difficulty of its own discipline in the social practice, that is, a new qualification, being based on the difference of men and women. This research aims show a difference that gender causes to the final process, when it comes to a man as agent causing aggression and when it is an inverse relationship, that is, when there is a woman as the causative agent. In other words, if a woman do a crime against a man, she does not have an explicit qualification as aggravating, just as there is in the reverse gender. In this way, instead of becoming a protective law, it becomes a gender-oriented privilege, requiring a deeper analysis of the law as non-isonomic, contrary to the principles of the constitution. The author of this work repudiates violence, whether with a kite or without a person, regardless of color, race or gender. It limits itself exclusively to questioning an application of isonomy to this law, Basic Principle that governs the Federal Constitution of 88.