Aplicabilidade da lei do feminicídio (lei nº 13.104/2015) no Brasil: a violência de gênero sob a perspectiva da criminologia feminista

Abstract

The Law Against Femicide (Law nº 13.104/2015) introduced on the Brazilian criminal law the the demand of some sectors of the feminist movements and also some sectors of feminist criminology, in the academic field. If the debate regarding the gender-based violence against woman was already a reality in both camps, the gender paradigm has entered with so many difficulties the formality of law and the practice of the justice system. This is the context in which this paper is inserted, whose research problem is thus formulated: in what way is the judicial discourse about the female gender constructed in the context of the application or removal of the qualifier of femicide in decisions of the second degree of jurisdiction? To answer this question, the methodological path has two mains phases which result two chapters of this paper. In a first moment, from the bibliographic review research technique, a description of feminist criminology is presented in the specialized bibliography about the concept of gender and its theoretical impact in the field of critical criminology and victimology. In a second moment, it is assumed for documentary research on the path of the femicide law project, since the motivation for its creation until arguments used for its approval. A second documentary research is performed in sequence having as object judgments in cases which femicide was applied or removed. The methodology used is the Grounded Theory to qualify and quantify the judicial decisions spoken in the scope of the five Courts of Justice whose death rates for women appeared to be higher. In conclusion, there is simplicity and formality in the arguments and, also, difficulty in understanding what the femicide qualifier actually means from the perspective of the gender paradigm in the discourse of the judges in the scope of the Brazilian judiciary.