PERSPECTIVES AND GAPS IN THE NEW FEMINICIDE LAW: A CRITICAL ANALYSIS OF THE EFFECTIVENESS AND LIMITS OF BRAZILIAN LEGISLATION

Abstract

Gender-based violence remains one of the most severe human rights violations in Brazil, with femicide as its most extreme expression. Law nº 13.104/2015 marked a milestone by including femicide as a qualifying circumstance of homicide, legally recognizing gender motivation as a key element in the killing of women. In 2024, Law nº 14.994 reinforced protection by establishing femicide as an autonomous crime and increasing penalties for related offenses, such as violating protective measures. However, significant gaps persist regarding the effectiveness of these laws, particularly in the inclusion of transgender women, the enforcement of protective measures, and the State’s role in preventing violence. This article aims to critically analyze the advances and limitations of Brazilian legislation on femicide, considering judicial application and institutional challenges. The research adopts a qualitative, bibliographic, and documental approach, based on doctrine, legislation, and case law. The findings indicate that, although legislative progress represents an important step, State action remains insufficient to ensure full protection for women, underscoring the need for normative improvement, effective public policies, and a more inclusive and intersectional approach.