Feminicídio e violência de gênero: uma análise da Lei 13104/2015 sob a perspectiva do caráter simbólico e reducionista do tratamento da violência contra a mulher pelo sistema penal

Abstract

Gender-based violence is deeply connected to domination resulting from gender inequality, a distinctive trace of patriarchal societies, and is a serious and recurrent problem in Brazilian society. This problem has been faced by the State through the criminalization of conducts and increasing criminal severity. In this context, the law 13104/2015 was created, inserting the term feminicide as a qualifying aspect of homicide, continuing the series of laws created to prevent gender-based violence. Having the alterations brought by the referred legislation as a starting point, this paper intends to analyze, from the standpoint of gender-based violence complexity, the adequacy and efficiency of symbolic criminal law in preventing gender-based violence, it’s compatibility with the transformative and emancipatory character of feminism, as well as the possibility of resorting to more effective mechanisms.