A lei do feminicídio : entre a inovação legislativa e os desafios da aplicação no combate à violência de gênero.

Abstract

The present study analyzes the legislative evolution of feminicide within the Brazilian legal system, focusing on the innovations introduced by Law No. 14,994/2024, known as the "Anti-Feminicide Package." The study addresses the historical construction of gender-based violence in Brazil, highlighting how the patriarchal system naturalized violence against women. It examines the trajectory of Law No. 13,104/2015, which established the feminicide qualifier, up to its transformation into an autonomous crime under Article 121-A of the Penal Code, resulting in increased sentences ranging from 20 to 40 years of imprisonment and procedural shifts, such as the adoption of unconditional public criminal action for connected offenses. The research discusses whether the tightening of penal measures is sufficient to combat this phenomenon or if these innovations risk assuming a character of Symbolic Criminal Law. It concludes that effectively tackling violence against women does not rely solely on legal rigor and state punishment; rather, it demands structural social and educational changes focused on deconstructing patterns of male dominance and promoting gender equality from early childhood and adolescent development.