Mulheres trans e feminicídio: o caso Michele e o reconhecimento dos direitos das transexuais.

Abstract

The paper analyzed the Law of feminicide from a gender perspective, and its applicability in favor of trans women. Law 13. 104/15 created a new homicide crime qualifier aimed at curbing the murder of women because of their status as a woman, involving domestic violence or discrimination of their sexual status. In the city of São Paulo, a trans woman was killed by her partner, a victim of domestic violence, the first case in which the Public Prosecutor denounced the agent, requiring the applicability of the qualifier, being the application recognized in the first instance. The term female gender, chosen by the legislator, shows the presence of discrimination in society, based on the binarist model, which, in theory, restricts the interpretation of the law under the view of biological sex and not gender. The interpretation of the law from the standpoint of sex and not of gender alone creates scope for the growth of violence against transgender women each year. In this sense, starting from the understanding of gender and the concrete case of Michele, it is possible to understand the applicability of the qualifying feminicide in favor of trans women.