Feminicídio: a (in)efetividade da lei nº 13.104/2015 após três anos de sua vigência

Abstract

The present study aims to analyze Law 13.104/2015, titled the Law of Feminicide. It will be studied the concepts associated with femicide, as well as their species, the history of murders of women according to their gender condition prior to the enactment of this law, the criminal law structure typifying femicide and its implications, in addition to the public policies established by the Brazilian State in the fight against violence against women. In the contextualization of feminicide cases in Brazil, we used data from the Map of Violence 2015, also a study conducted by researchers from the IPEA, UnB and UFPR, and a third study developed by the Public Prosecutor's Office of the State of São Paulo. However, before focusing on the feminicide content, basic guiding elements will be treated as validity and effectiveness of the legal norm to determine if there was effectiveness of the law analyzed and the evolution of criminal law, conceiving various understandings for the punishment. With an essentially theoretical approach, we used the hypothetical-deductive method, associated to the structuralist method regarding procedures, whose research technique was used by indirect documentation through documentary and bibliographic research.