Feminicídio: Uma Análise das circunstâncias qualificadoras tipificadas na Lei 13.104/2015 a partir de casos ocorridos em Campina Grande-PB

Abstract

This thesis aims to analyze the qualifying circumstances within the scope of Law 13,104/2015, which deals with feminicide in Brazil. The study is justified by the need to reflect, from the point of view of Social Sciences, how the construction of gender roles in Brazilian society reflects on the social and legislative behaviors that influence the practice of femicide in the country. We believe that our work contributes to the debate around social gender relations and reinforces the fight against violence and gender inequalities. Gender-based violence is a social phenomenon that engenders forms of domination, especially in relation to women's bodies. As the data in this thesis indicate, it is directly linked to the patriarchal system, to this culture, which is a social and cultural structure that privileges and maintains power in the hands of men to the detriment of women. In patriarchy, men are considered superior and have authority over women, which results in unequal power relations and various forms of oppression. Thus, in this context, feminicide is configured as a maximum expression of violence against women. With our study on the practice of feminicide, we seek to problematize the circumstances that qualify it as a crime. The nuances of this process will be described based on the study of the Feminicide Law. To this end, we will study some of the cases classified as feminicide. To this end, we will study some cases in the city of Campina Grande - PB, in the period between 2015 and 2020. Homicide situations where the victim is a woman and which were committed for gender reasons will be contextualized. We proceed methodologically through: I) the construction of the analytical corpus by surveying books and scientific articles in academic journals that address the topic; official reports from public institutions and Non-Governmental Organizations (NGOs); legislation and legal processes; II) data analysis using the document analysis technique, combined with content analysis to analyze the conditionality that qualifies feminicide, such as domestic and family violence and belittlement and discrimination against the female figure. In general terms, the results achieved indicate that sixteen cases qualified as feminicide in the period from 2015 to 2020, twelve of which were committed by the victims' companions or ex-companions, using firearms and bladed weapons, motivated by the feeling of ownership of their attackers. , carried out in the domestic environment, constituting intimate femicide. The analysis led us to consider that feminicide is a hate crime against the female figure, permeated by a feeling of possession that legitimizes male domination.