CRIMES AGAINST WOMEN BASED ON THE CONDITION OF FEMALE SEX: WHICH BODIES ARE PROTECTED?
Quais corpos são protegidos?
DOI:
https://doi.org/10.48075/ri.v26i1.31313Keywords:
Female., Violence., Sex., Gender., Misogyny.Abstract
This article aims to analyze the types of criminal penalties that relate to women who are victims of violence, considering that most gender-based violence victims are women, regardless of the body that represents them. It notes a problem with respect to differences in terminology between the Maria da Penha Law and the Brazilian Penal Code, since the differences have a negative impact on the scope of state protection. The objective is to reflect on the fact that the core of violence against women is deep and structural, transcending the physical realm, permeating the collective consciousness articulated by patriarchy and misogyny, which result in hierarchies, a sense of ownership, and superiority over women. Through bibliographic research, it is concluded that current doctrine and jurisprudence adhere to the scope established by the Maria da Penha Law, but the debate presented in this article is far from concluding.
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