FEMICIDE IN BRAZIL: THE INEFFECTIVENESS OF LAW NO. 13.104/2015 IN PROTECTING WOMEN

Abstract

In Brazil, femicide has seen significant legislative progress over the years, notably with the Maria da Penha Law (Law No. 11.240/2006) and the Femicide Law itself (Law No. 13.104/2015). The latter acknowledges the high number of violent deaths of women motivated by their gender, which unfortunately highlights the persistence of this problem and the ineffectiveness of laws in combating it. This article has a bibliographic and documentary aspect, based on the analysis of doctrine, jurisprudence, national legislation, international treaties, and official reports. The objective is to understand the absence of effective public policies, the fragility of protection networks, and the slowness of the justice system—factors that contribute to the continuation of these crimes. The findings indicate that femicide is not merely a crime against life, but a morphological failure of the State to guarantee fundamental rights such as life and dignity, as enshrined in the 1988 Federal Constitution. It is understood that reducing this phenomenon depends not only on criminal punishment, but also on the implementation of solid public policies that empower public administrators and promote social and cultural changes in combating sexism.