Abstract:
This research aims to analyse Law 13.104 / 2015, its scope and hypotheses of application, its legal structure, the perpetrator and the victim, and the [in]adequacy of the aggravation with the constitutional principle of equality. The method used was bibliographical, with a view to using the study of scientific, jurist opinion and legal texts to encourage debate on gender violence, aiming at cultural evolution and the construction of a just, supportive and equal society. In conclusion, the paper addresses the partial symbolism exercised by the Law, its applicability to cis and trans women, the constitutionality and mixed legal structure of the aggravation, covering objective and subjective aspects, in that order, and, finally, the undeniable legislative errors that, once again, suggest penal symbolism.
Keywords:
Femicide; Gender Violence; Law nº 13.104/2015