Explorações sobre o papel do Legislativo na formulação da lei do feminicídio no Brasil

Abstract

The Law number 13.104/2015 altered the Penal Code, making femicide a heinous crime in the entire Brazilian territory. This dissertation intends to investigate the role of the Brazilian National Congress in the development and approval of the femicide law between 2012 and 2015. The central question of this research is: considering the political context of the institutionalization of the women’s rights agende by the federal government from 2003 to 2015, what was the political process behind the passing of the femicide law by the National Congress between 2012 and 2015? We defend that the Legislative Power was one of the protagonists in the development of the law, with some of its representatives having a vital role in the proceedings. Their work exemplifies the concept of State Representative Feminism, defended by Beatriz Sanchez (2021), seeing as the passing of this law is the fruit of the activism labor of feminist movements through the “femicrats” who occupy chairs in the National Congress, creating mechanisms for the strengthening of the confrontation of violence agains women, such as the Femicide Law. Furthermore, both the national and international context at the time were favorable to the expansion of women’s rights. Therefore, we carried out a documentary and bibliographic analysis with a view to understanding this legislative process and elaborating a narrative about this legislative construction. We conclude that the femicide law is the peak of a gender policy of expansion of women’s rights - and especially of a fight against gendered violence - institutionalized by the Brazilian government.