GENDER VIOLENCE: APPLICABILITY OF LAW 13,104/2015 TO TRANSSEXUAL WOMEN

Abstract

This work addresses the possibility of applying the feminicide qualification to transgender women in accordance with Brazilian legislation, in particular, Law 13.104/15, known as the Feminicide Law. Femicide is defined as homicide committed against women due to their gender condition, but the law uses the term "female sex", which raises debates about its application to transgender women. The discussions involve different perspectives, such as legal, biological and psychological techniques to recognize the gender identity of transsexuals. Furthermore, alarming data on violence against transvestites and trans women in Brazil are highlighted, highlighting the importance of guaranteeing the rights of these people in accordance with the principle of human dignity. The article also examines the doctrinal currents that discuss the application of the feminicide qualification to transgender women, emphasizing the evolution of the law and the need to raise awareness about gender and identity issues. Ultimately, the legal approach towards femicide and transgender women is a topic of constant evolution and debate in the context of human rights and gender justice.