APPLICATION OF THE FORMICIDE QUALIFIER TO TRANSSEXUAL WOMEN

Abstract

The present work aims to study feminicide, typified in 2015, with law no. 13,104, modifying article 121, paragraph 2, of the Brazilian Penal Code, it is a reality with a high number of occurrences, and consists of murder of women due to their status as women. Therefore, the aim is to respond to the following problem: Is it possible to apply the Feminicide Law to transgender women? To this end, an analysis of the concepts of biological sex, sexual orientation, gender and gender identity was carried out. Subsequently, the important issue of transphobia and murders of trans people in Brazil is addressed. A systematic review of the relevant legal frameworks was carried out to arrive at the aforementioned law. The feminicide law is approached, correlating it with the possibility of it being applied to transgender women. Final considerations point to a large academic gap regarding the topic. Furthermore, the feminicide law must protect transsexual women, considering that, observing the concept of gender proposed by authors who defend this current, associated with the application of the legal criterion for the application of feminicide, transsexuals are women without distinction, and the law, by not supporting them, would be violating the principle of equality.