TRANS WOMEN IN BRAZIL: AN ANALYSIS OF THE MURDERS OF TRANSSEXUAL WOMEN FROM THE PERSPECTIVE OF THE POSSIBILITY OF APPLYING THE MARIA DA PENHA LAW

Authors

  • Carla Luísa Castro Pessoa Faculdade São Lucas
  • Sofia Malta Machado Faculdade São Lucas
  • André Luiz de Oliveira Brum Faculdade São Lucas

DOI:

https://doi.org/10.51891/rease.v10i5.13952

Keywords:

Maria da Penha Law. Right to Transsexual Women. Fundamental rights. Transsexuality. Criminal Law.

Abstract

The article aims to deepen the knowledge of the possible applications of the Maria da Penha Law to transsexuals. These subjects are exposed to the origin and cause of the principle of Law 11.340/2006, with the aim of their progression to the present day, together with a difficult ancestral burden that lasts until today. Also along the same lines, the particularities of the aforementioned law are explained, bringing conditions related to its applicability and what are the provisions of tutelage of violence and itsrequirements for application, as well as the types of tutelaged violence, it also seeks a philosophical analysis of the interpretation of the standard for better understanding. It elucidates about transsexualism and its currents of understanding, bringing as a competence the aesthetic procedure and also the legality regarding the civil registration. Making a brief analysis about the deficiency of a specific support for this  subject. It also presents the possibilities of the Maria da Penha Law, exposing jurisprudence with some of the possibilities of application and also on the growing number of violence against transsexuals in Brazil. Therefore, there is the position of the World Health Organization (WHO) and the legal sphere on the issue between sex and gender. Finally, it gives rise to the possible constitutionality and positions on Law 11.340/2006 to transsexual people.

Author Biographies

Carla Luísa Castro Pessoa, Faculdade São Lucas

Acadêmica de Direito, Faculdade São Lucas Educacional (Afya)

Sofia Malta Machado, Faculdade São Lucas

Acadêmica de Direito, Faculdade São Lucas Educacional (Afya)

André Luiz de Oliveira Brum, Faculdade São Lucas

Professor orientador, Professor Universitário da Faculdade São Lucas Educacional (Afya) 

Published

2024-05-14

How to Cite

Pessoa, C. L. C., Machado, S. M., & Brum, A. L. de O. (2024). TRANS WOMEN IN BRAZIL: AN ANALYSIS OF THE MURDERS OF TRANSSEXUAL WOMEN FROM THE PERSPECTIVE OF THE POSSIBILITY OF APPLYING THE MARIA DA PENHA LAW. Revista Ibero-Americana De Humanidades, Ciências E Educação, 10(5), 2910–2935. https://doi.org/10.51891/rease.v10i5.13952