O conceito de mulher na lei Maria da Penha (lei nº 11.340/2006): uma análise hermenêutica e jurisprudencial acerca da abrangência da comunidade LGBTQIA+

Abstract

At the time of the elaboration of the Maria da Penha Law, the context was of national and international repercussions of Brazil's neglect of domestic and family violence against women, in view of the hardships suffered by Maria da Penha Fernandes. This fact contributed to highlighting the historical social vulnerability of women. Thus, the rule in question emerged as a tool to confront this type of violence. However, currently, the social hypo- sufficiency of the LGBTQIA + community is not addressed. Nor is it ignored that the members of the acronym do not have a specific law providing for protective measures in their favor, and there is no law similar to the Maria da Penha Law that protects them. Therefore, the main objective of the work was to verify if these people are entitled to the custody of Law No. 11.340 / 2006. For this, the techniques of sociological and systematic hermeneutics were used, as well as jurisprudential research. The work gathered bibliographic research, which included: books, magazines, articles, international treaties on human rights, laws, court decisions and consultations with government sites, especially courts. The results obtained in the hermeneutic analysis were in the sense that there is the possibility of protection, by the Maria da Penha Law of the alluded community in its entirety, including the homosexual man, given its social hypo- sufficiency. The jurisprudential analysis, on the other hand, revealed that the judging bodies understand that this rule is applicable only to the benefit of the person who recognizes himself as a woman, understood as follows: transgender woman; transsexual woman; transvestite, with the exception that this person identifies himself as a woman only partially; intersex woman; cisgender woman; and everyone else who identifies with women. All of them, regardless of whether the sexual choice is asexual, bisexual, heterosexual, isosexual, or pansexual.