Criminal law as an instrument against feminicide

Abstract

Violence against women is a problem that affects all sectors of Brazilian society and is caused by a series of cultural, social and historical issues. Faced with the worsening of cases of violence against women, the Brazilian legislator sought, through two main criminal laws, to prevent and eradicate cases of gender violence, as well as to punish the aggressor. The Maria da Penha Law (11,340 / 06) and the Feminicide Law (13,104 / 15) brought definitions about domestic violence, protective measures, penalizing the aggressor and also classifying the crime of feminicide as a qualifier for homicide. Taking into account such advances in the protection of women, the present study aims to evaluate how Criminal Law can be used as an effective tool to combat feminicide. In order to respond to this problem, a bibliographic research was carried out on material published on the topic. From the analysis developed, it was found that even with the advances provided by the aforementioned laws, and considering the effectiveness of the Maria da Penha Law above all in reducing homicides of women, it has become evident that Criminal Law, by itself, is not capable of combating femicide. This is because it does not attack the causes of gender violence, and it is necessary to develop public policies that guarantee the application of these laws and modify the bases of patriarchal society that culminate in violence.