Invisibilizadas na vida e na morte: “transfeminicídio” em João Pessoa de 2016 a 2020

• Autor(a) principal: Oliveira, Ana Carolina Gondim de Albuquerque
• Data de Publicação: 2022
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/123456789/24997
• topic: Transfeminicídio; Interseccionalidade; Necropolítica; Tipificação; Direito penal dos vulneráveis; Transfemicide; Intersectionality; Necropolitics; Typification; The criminal law of the vulnerable; Transféminicide; Intersectionnalité; Nécropolitique; Typification; Droit pénal des personnes vulnérables; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This thesis aims to analyze whether transfemicides can be a consequence of necropolitics. For this reason, the femicide qualifier would not be adequate to be applied to these cases, based on the empirical reality of João Pessoa. The research is justified because Brazil is considered, by national and international non-governmental organizations, the most lethal country for the LGBTIQAP+ population. Especially for trans women and transvestites. To capture the reality of the criminological phenomenon, empirical research was undertaken, of a documentary nature, with a qualitative approach, using Bardin's content analysis as a method and the perspective of Intersectionality for the development of the analysis. The place of research was the Specialized Police Station for Crimes against People, in João Pessoa, and the documents used were the inquiries that investigated intentional lethal violent crimes against trans women and transvestites, from 2016 to 2020. Thus, among 1,404 inquiries, 13 cases were found in which the victim was a trans woman or a transvestite. Data collection was carried out between November 2020 and March 2021. The theoretical framework for the qualitative treatment of the data was supported by: Butler, Foucault, Bento, Rubin, Laquer, Louro, Machado, Efrem Filho, Crenshaw, Hirata, Agamben, Becker, McClintock, Mbembe, Vianna and Lowenkron, Honneth, among others. Three chapters were developed for the writing of this thesis. In the first one, there is a discussion about the body, sex, and gender as a cultural artifact. The rupture of essentialist narratives from the discussion about intelligibility, framing, and passing, as well as the differences between the designations of a trans woman and transvestite. In the second chapter, the intersectionalities that cross the lives of transfemicide victims were analyzed. Markers such as race, gender, social class, territory, occupation, family contexts, and education are elements that are reciprocally implicated, producing and aggravating indignity as a characterizing element of transfemicides. Intensifying the process of the precariousness of these lives, through stigmatization, discrimination, criminalization, and elimination. In the last chapter, it was examined how State practices are permeated by hierarchies and gender stereotypes that produce necropolitics of extermination of trans women and transvestites, transfemicide. Genuine criminological phenomenon motivated by degradation, with different characteristics from femicide. So that the criminal classification of the phenomenon would be justified supported by the conception of the criminal law of the vulnerable, which originated from a new perspective of critical criminology. Furthermore, from the point of view of penal guarantees, analogy in malam partem is not possible. That said, the typification of transfemicide is a possible strategy for reversing the violation of human rights and death policies aimed at trans women and transvestites. As well as an initial measure for the recognition of these people as persons, holders of rights and dignity.