Violência contra a mulher: uma análise dos desdobramentos no direito penal material, sob a perspectiva das leis Nº 11.340/06 e Nº 13.104/15

Abstract

The purpose of this article is to make some comments about violence against women. To do so, it is necessary to understand the position of the female figure in the context of the elaboration of the penal code, through the promulgation of the Federal Constitution of 1988, and analyzing the ordinary legislation, specifically Law No. 11.340/06, known as the Maria da Penha Law and Law No.13.104/15, entitled the Feminicidio Law. In this aspect, the Maria da Penha Law aims to suppress and prevent violence in the domestic and family settings, and the Feminicidio Law presents itself as a qualifying circumstance to the crime of homicide if the offense is committed with motivations based on gender relations. An exploratory research was carried out to collect relevant data on the subject, which allowed to confirm that gender violence against women is seen as an intergenerational transmission of patriarchalism and that, in order to combat, it is necessary to invest in public politics of education and awareness of the population.