The Application of the Qualifying Fact of Feminicide
In the Decisions of the Criminal Courts of União da Vitória/Pr and Porto União/SC
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With the advent of Law 13.104/15, which inserted the qualifying factor of feminicide into article 121, item VI of the Penal Code, the purpose was to qualify homicide offences against women in situations of domestic violence and discrimination against their status as women. It is worth remembering that before the enactment of this law, crimes against women were only treated as crimes of passion, but today they are crimes of hatred and prejudice against women and their representation in Brazilian society. The aim of this study is therefore to analyse the application of this qualifying factor in ...
With the advent of Law 13.104/15, which inserted the qualifying factor of feminicide into article 121, item VI of the Penal Code, the purpose was to qualify homicide offences against women in situations of domestic violence and discrimination against their status as women. It is worth remembering that before the enactment of this law, crimes against women were only treated as crimes of passion, but today they are crimes of hatred and prejudice against women and their representation in Brazilian society. The aim of this study is therefore to analyse the application of this qualifying factor in crimes of homicide against women in the municipalities of União da Vitória and Porto União, and to look at their objective and subjective circumstances. To this end, bibliographical, documentary and ethnographic research was carried out, using case law documents from the states of Paraná and Santa Catarina, complaints, indictments and questionnaires with the prosecutors and magistrates of the courts. The results reveal cases in which the qualifier was analysed as objective and others as subjective, as well as cases in which it was typified as femicide and others as a futile or torpid motive.
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