A incompletude da lei 13.104/15 e seus reflexos nos direitos humanos

Abstract

With almost fifteen years of specialized legislation (since the Maria da Penha Law), we have legal instruments and institutions that promote the prevention, confrontation and restraint of violence against women in the Brazilian context. Having as objective the presentation of the historical flaws of the feminicide law and its reflexes in the human rights. Women's rights were no longer respected since antiquity, as it was already possible to identify prejudice and the mechanical thinking that they take as societies. In Brazil, a first attempt to resolve cases of violence against women, which occurred in 2006, with the creation of the Maria da Penha Law. How women and gender debates achieve visibility of visibility, including the organization of institutions, agendas and public policies in all spheres, as well as the greater participation of training (education) and informational (through Brazilian media) instances. The methodology adopted to use for the making of this article is based on the literature review and using a legal basis - with emphasis on legal letters aimed at promoting statistics and access to justice and citizenship. As women's struggles do not stop, in 2015, a presidential decree was defined that defines crime against women as feminicide (Law 13.104 / 15). However, the figures are still frightening, with no subsequent effect of the law, in 2016, the Brazilian Public Security Forum registered a 38.3% increase in cases of femicide. In addition, the problems continue to appear and remain unsolved, since the precariousness in the police, judicial, and assistance systems is not possible, because there are really real data capable of pointing out the real numbers of the cases. As a result, it is possible to indicate a need for greater intensification in human rights education, as well as an effective punishment against aggressors. This can compose strategies and action resources for approaching with finishing or signing by Brazil as a member of CEDAW (Convention...., 1995). Slowness, ineffectiveness or non-containment, long time monitoring between initial actions and protective measures,