A aplicabilidade da qualificadora do feminicídio para os transexuais

• Autor(a) principal: Oliveira, Fernanda da Silva
• Data de Publicação: 2020
• Outros Autores: Santos, Kimberly Jhoyce Gomes dos
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/994
• topic: Feminicídio; Legislação Penal Brasileira.; Transexualidade; Discriminação; Violência; 6.01.00.00-1 Direito

This scientific research seeks to analyze the possibility of applying the feminicide qualifier (Law No. 13,104 / 2015) to female transsexual victims, from the perspective of Brazilian criminal law in the light of the concept of women, with the aim of analyzing the recognition of this on the legality or illegality of said understanding. Due to the evident violence by condition of the gender, due to the large number of homicides, the State's initiative to create a Law which was called the Law of Feminicide is of paramount importance, in order to prevent this inexcusable act through public policies. The concept of this then homicide qualified by femicide is the practice against women, for reasons of female condition. It refers to an extremely relevant and indispensable theme, carried out in the monographic method, elaborated through research in doctrines, jurisprudence, magazines, scientific articles, since it deals with a matter that deals with the security of society. To obtain the answer to the resolution of the problem raised in the present study, the research will first seek to address aspects of the historical evolution of the law of transsexuals and the emergence of the male and female gender. Consequently, an attempt will be made to analyze the criminal law in protection of transsexuals in Brazil, the concept of homicide by analyzing its legal nature and the emergence of femicide, as well as the concept of woman, in the light of the feminicide law and surgery neocolpovulvoplasty and the data that prove the deaths of those declared trans. Due to the absence of the concept of women on the part of the legislator at the time of drafting the said law, the questioning of scientific research arises, whether or not this law is applicable to transsexuals, precisely because the “trans population” won the title. right to be civilly recognized according to their gender identity. Therefore, there will be a notable divergence in denying protection under the scope of Criminal Law, since transsexuals, when gaining the right to register civilly, and consequently before the whole sphere of civil law, to be legally recognized as women, there would be no reason not to apply the qualifier of femicide to transsexual victims. Finally, in the last chapter of this study, it will investigate the understandings about femicide - law 13.104/2015 and its application in cases where the victim is a transsexual woman. That is why, a doctrinal discussion about the passive figure of feminicide arises, thus verifying the existence of two strands in the doctrine on the subject, with the first current being of a more conservative nature and the second current, of a more modern position. That said, with the conclusion of the following question: "Is it possible that female transsexuals are victims of femicide?".