Os influxos do feminismo nas alterações normativas promovidas no direito penal brasileiro

Abstract

It is researched a symbiotic relation developed between gender matters and the Penal Law, describing the development of this relationship, from the point of view that this mentioned legal branch used to contribute to the oppression of women’s dignity – as a tool utilized by patriarchal system to achieve its goals – until the stage in wich feminist movement could see the Criminal Law as an ally, an instrument to obtain commonly overruled rights and reach, at least, formal gender equity. On these issues, it is presented the feminist movement’s historical evolution, divided into schools of thought that used to discuss reasons and solutions for gender inequality’s problem, thereby laying a real female critical theory of law. The following research also aims to confront benefits and harms caused by Penal Law’s expansion, mainly over the 20th century two past decades, in order to reduce inequality faced by women and ethnic groups, among other, as well as to talk about current patriarchalism in the criminal laws created to fight violence against women.