Lei nº 13.104/2015 e o feminicídio no Brasil: o direito penal como instrumento de combate à violência de gênero

Abstract

The issue of gender violence, although historic and present in all social classes, was, for centuries, despised, preventing gender equality and the human rights of women to be fully achieved. The deplorable practice was legitimized by the cultural and historical idea of inferiority and subordination of women when compared to man. Nowadays, although this situation is gradually being transformed, through changes in society and through legislative development in promotion of rights and guarantees of women, gender violence rates remain high. In this regard, in 2015, the Feminicide Law, Law 13.104/2015, was drafted as an additional legal mechanism for women's protection, enabling the realization of their fundamental rights. Analyzing the relevance of this classification as a way of combating gender violence, it is observed that, in the light of gender criminology, other measures can be effective. This study aims to criticize the efficiency of the use of Criminal Law as a tool to combat violence against women.