THE CONSTITUTIONALIZATION OF THE FIGHT AGAINST FEMICIDE: AN ANALYSIS OF LAW NO. 14,994/2024 IN THE LIGHT OF FUNDAMENTAL RIGHTS

Abstract

This article analyzes the constitutionalization of the fight against femicide in Brazil, focusing on the innovations introduced by Law No. 14,994/2024, which instituted femicide as an autonomous criminal type in the Brazilian Penal Code. The research examines the legislative evolution that preceded this law, including the Maria da Penha Law (Law No. 11,340/2006) and Law No. 13,104/2015, and discusses the adequacy of these norms to the constitutional system of protection of fundamental rights, especially the dignity of the human person, gender equality and the right to life. The international normative frameworks incorporated into the national legal system are also addressed, notably the Convention of Belém do Pará, as well as the jurisprudence of the Federal Supreme Court, in particular the judgment of ADPF 779. It is concluded that the new legislation represents a significant advance in the process of constitutionalization of gender criminal law, even though its effectiveness depends on complementary public policies and a legal culture committed to the full protection of women.