THE LEGAL CLASSIFICATION OF FEMICIDE INVOLVING TRANSGENDER MEN: INTERPRETATIVE CHALLENGES IN CRIMINAL LAW

Abstract

Lethal violence against transgender individuals constitutes a social and legal problem that demands the State’s attention, particularly given the challenges involved in identifying discriminatory motives and ensuring the appropriate criminal classification of such offenses. This study aimed to analyze the feasibility and limitations of applying the legal category of "femicide" to cases involving trans men. Methodologically, the research employed a qualitative, exploratory approach, drawing on a review of literature—including books and scientific articles published between 2021 and 2026—as well as current legislation and relevant judicial decisions. The findings indicate that, while the murders of trans men may be linked to transphobia and gender-based discrimination, available data do not allow for a precise determination of how many such cases have been officially classified as femicide. Furthermore, the interpretation of Article 121-A of the Penal Code requires adherence to specific legal criteria and the principle of legality; therefore, it is not possible to automatically categorize every homicide of a trans man as femicide. While the Supreme Federal Court’s jurisprudence regarding the criminalization of homophobia and transphobia serves as an important protective instrument against discrimination, it does not directly resolve this specific controversy. It is concluded that addressing such violence requires individualized investigations, the improvement of official statistics, the training of justice system professionals, and the proper application of criminal law, all with the goal of safeguarding the fundamental rights of transgender individuals.