Feminicídio: problematizações acerca da qualificadora e as resistências do sistema de justiça

Abstract

Gender violence is a social problem, in a way that data statisticians have been showing their increase, especially in Brazil, specifically in Paraíba, which ranks 12th in the 2018 ranking in states with more murders of women, according to the Book of Violence (2018). In the course of history, gender issues have been some advances in the struggle of feminist and women. This is precisely because there is a patriarchal culture, which is not only reflected directly in violence against women, but also in the behavior of every society through violence symbolic. Law no. 13.104 / 2015 was enacted in 2015, which qualifies the death of women as feminicide, giving visibility to the crimes committed due to gender. However, we note that this violent offense causes is not being applied by the Justice System. So, this work aims to investigate the resistance of the Justice System in the state of Paraíba, in the classification and application of the feminicide qualifier, understanding how the dynamics that surround the Justice System. We have done a study on two cases of femicide occurring in the State of Paraíba after the approval of the "Feminicide Law", and that no were qualified or experienced resistance to qualify as feminicide. From material collected through interviews with professionals that were directly related to the cases, we found resistance by the justice system of Paraiba regarding the applicability of the qualifier. The perspective aplied in this study is based on feminist theories and feminist criminology, in order to problematize and make visible the issues of violence against women, especially those that result in death, can be understood from the recognition of the unequal power relations between men and women.