A violência doméstica e as questões controvertidas do feminicídio.

Abstract

This paper treats about domestic violence and the qualifier of feminicide, introduced in the legal system through Law number13.104/2015as a way toqualifyt he crime of homicide. However, despite of including this qualifier, the aforementioned law has caused several theoretical and jurisprudential discussions about the possibility of women incurring on the crime; who can be a victimof the offense; the existence or not of a compatibility between femicide and the privileged figure of homicide and the nature of it (if it is objective or subjective). In this sense, the objective of the paperis to talk about the aggressions that occurredin the family context, aswell as to analyze the basic elements of this crime of and also to answer the controversial questions generated at the time of its promulgation, using, for this, the deductive method. Therefore, the monograph was divided into three chapters: the first one seeks to establish observations regarding Law number11.340/2006; the second search for analyzing the elements of the feminicide and the third demands to answer the proposed questions. Whence, it was concluded that there are five forms of violence against women(physical, psychological, moral, sexual and patrimonial) and that to commit feminicide, the subject must kill the victim in the context of domestic and family violence or by contempt / discrimination to the condition about being a woman, and also that some causes involving the crime itself can increase their sentence. Finally, the controversial questions of femicide were answered, realizing that women can be authors of it; that in order to be a victim, the individual must have a document that proveshis female condition; that femicide shows itself as a subjective qualifier and that the crime is incompatible with the privilege of homicide.