ENTRE AVANÇOS E RESISTÊNCIAS: um olhar crítico sobre a aplicação da qualificadora do feminicídio – recortes de casos paradigmáticos

Abstract

Law no. 13.104/2015 amended the Brazilian Penal Code to introduce feminicide as a qualifying circumstance for homicide, in addition to including it in the list of heinous crimes. At the legislative level, feminicidal violence was defined as violence that results in the death of a woman “for reasons of her female sex status”. The objective in here is to analyze the main advances and resistances found in the classification of feminicide. To this end, we sought to build, initially, a theoretical framework to better understand the topic based on a bibliographical review of feminist researchers, such as Wânia Pasinato, Flávia Piovesan, Carmen de Campos and others. Secondly, through the case study methodology, three legal cases from the Court of Justice of Paraíba were analyzed, up to the moment of the pronouncement decision, to determine, from a gender perspective, whether the qualifier would be pertinent. Finally, we sought to evaluate the advances and obstacles related to the application of feminicide. As a result, it was understood that this category presents itself as a feminist theoretical construction and the extreme manifestation of unequal power relations between men and women. It was concluded that the incorporation of the qualifier into the Brazilian legal system represents a normative evolution. At the same time, it was found that it reflected patriarchal values and requires improvement in its application by profesionals in the justice system.