Violência política de gênero no Brasil e a priorização do Direito Penal como resposta estatal: uma análise à luz da criminologia crítica e feminista

Abstract

This study investigates the factors that explain the prioritization of the penal route in addressing political violence against women within Brazilian legislation, focusing on Law Nº. 14.192/21. To this end, it adopts a theoretical approach grounded in feminist epistemology and Critical and Feminist Criminology, employing bibliographic review and document analysis as methodologies. The research examines the context of women's underrepresentation in Brazilian politics, the historical challenges faced by women in occupying public spaces, and the limited effectiveness of quota laws in promoting gender equality in politics. Additionally, it analyzes how political violence against women is addressed in international instruments and across Latin America, revealing that, while international treaties have encouraged the criminalization of such violence, most Latin American countries have chosen non-punitive approaches to tackle the issue. In Brazil, the adoption of criminal law is situated within a context of punitivism populista and reliance on symbolic criminal law as a response to social demands, while also reflecting a state-driven interpretation that does not faithfully align with feminist claims. The study concludes that the choice to criminalize political violence against women stems from the influence of international commitments, Brazil’s legislative tradition of resorting to criminal law to address social problems, and the state’s tendency to co-opt feminist agendas. The analysis demonstrates that, while recognizing the existence of political violence against women is crucial, the penal approach adopted by Brazilian legislation is questionable, as it tends to uphold institutional inequalities that hinder social and political transformation.