AN ANALYSIS OF FEMINICIDE IN THE AMAZON AND BRAZIL
DOI:
https://doi.org/10.51891/rease.v9i11.12634Keywords:
Feminicide. Criminal law. Gender violence. Qualifier. Classical Criminology. Feminist Criminology.Abstract
This scientific article aims to analyze the discussion about the inclusion of the feminicide qualifier in the Brazilian Penal Code and itslegal nature. To this end, we will analyze arguments for and against (conservative or progressive) a more restrictive criminal response to the murders of women resulting from the simple fact that the subject of the crime is a woman. In this sense, we will study and demonstrate the view of those authors who understand the above enhancement as being of a subjective legal nature, those who understand it as an enhancer of an objective nature and, finally, those who understand it as an enhancer of an objective nature. enhancement of a legal nature The author's point of view. The nature of femicide. Firstly, we will look at Law 11.340/2006 (Maria da Penha Law), since this law is considered a milestone in feminist achievements. Next, we will explore the law of femicide, explaining the origins of the term, its concept, the context in which the law was enacted in the Brazilian legal system and the typical characteristics of femicide in other legal systems. The types of feminicide that currently exist will then be presented and, finally, the currents of thought on the legal nature of the qualifier in question, which is the main object of this article, will be exposed.
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Atribuição CC BY