Feminicide as a qualifying circumstance of the crime of murder: legal and social aspects in the Brazilian order

Abstract

In 2015, Law No. 13,104 was enacted, which introduced a qualifier to punish, more severely, when the murder is committed against women due to the condition of the female sex, characterizing itself as feminicide. The problem question that led this research is based on the following question: What motivated the creation of Law No. 13,140/15outside of political, social or both reasons? The general objective of this article was to analyze this Law, under the social and political  aspects that led to its edition, in order to deepen the critical study on its controversial creation, the target of numerous practical and theoretical crites.  Regarding technical procedures, this research  is classified as   hypothetical deductive, seeking to bring answers to the research problem raised along with the bibliography available in the area. With the research developed by essand study it can be concluded    that the  creation of Law No. 13,140/15 had both political   and social motivation, but that it is not yet being effective to reduce the number of feminicides in Brazil, and that, like the Maria da Penha Law, it needs  investments in personnel training  and  improvement of records to  increase the  visibility of the motivations of homicides of women, identifying more specifically those who are feminicides. In addition, it is essential that there is greater attention  in prevention actions,  which  should be associated with  social and educational policies aimed at reducing gender disparities, which are the root of problems.  Otherwise, you can never end this violence.

DOI: https://doi.org/10.56238/tfisdwv1-082