A influência da Constituição de 1988 nas posteriores modificações no Código penal de 1940 relacionadas aos direitos das mulheres como instrumentos sociais em busca da paridade dos gêneros no âmbito legal

Abstract

The present work aims to analyze the legislative changes carried out in the Penal Code of 1940, influenced by the Federal Constitution of 1988, within the scope of Women's Rights. It is clear that the aforementioned Constitution brought the principle of equality between all people, regardless of color, race, and, in the case that will be further analyzed in this work, gender. Initially, there will be a historical overview that contextualizes Brazilian society at the time of the Penal Code’s publication, analyzing the “role of women” and how it changes over time. Afterwards, the main changes made in order to achieve gender parity in the criminal legal framework will be studied, as well as the laws created in an attempt to reduce violence against women, structurally rooted in society, in order to also examine the consequences of these changes in the country, in the country's jurisprudence and understand what still needs to change in favor of a more egalitarian society. The scientific methodology used in the research consists of a historical analysis of the legislative treatment given to women. It is concluded that the elaboration of legislation that the establishment of a public policy of multidisciplinary assistance that includes the sanction, but is not based exclusively on it, can be able to offer alternatives of treatment to the situations of sexual aggression, promoting more coherent and effective ways to combat gender-based violence.