STATE OMISSION AND FEMICIDE: THE STATE AS AN INDIRECT ACCOMPLICE

Abstract

Femicide, as the ultimate expression of gender-based violence, constitutes a serious violation of human rights and reflects the persistence of social structures marked by patriarchy and inequality. In Brazil, despite legislative advances, notably with the Maria da Penha Law (Law No. 11,340/2006) and the Feminicide Law (Law No. 13,104/2015), high rates of violent deaths of women due to their gender persist. This scenario reveals the discrepancy between the regulatory framework and the effectiveness of its practical application, highlighting state omission as a central element in the perpetuation of impunity. This bibliographic and documentary research analyzes doctrine, jurisprudence, national legislation, international treaties, and official reports to understand how the lack of effective public policies, the fragility of protection networks, and the slowness of the justice system contribute to the continuation of this phenomenon. The results demonstrate that femicide cannot be understood solely as a crime against life, but as a structural failure of the State to guarantee women's fundamental right to life and dignity, as enshrined in the 1988 Federal Constitution and in international treaties ratified by Brazil. The conclusion is that reducing this crime requires not only criminal repression but also the adoption of consistent public policies, institutional training for state agents, and the promotion of social and cultural transformations that address structural machismo.