The applicability of the feminicide qualifier to the transsexual woman

Abstract

This article aims to analyze the possibility of applying the femicide qualifier to transsexual women, notably due to the high number of homicides perpetrated in the face of women in the current scenario, due to domestic and family violence. Therefore, the concepts of feminicide and transsexual were analyzed, based on the understanding of several indoctrinators, since there are two doctrinal currents on this issue, because there are those who understand that, in fact, the incidence of the qualifier to transsexual women is possible, while others have the understanding that it is only possible to apply it to female biological women. This is because the qualifier of feminicide, provided from the item VI, §2, of Article 121 of the Penal Code, aims to make the penalty severer for the agent who commits the crime of homicide in the face of the female gender. Subsequently, an analysis was made of the use of the qualifier of feminicide in crimes perpetrated in the face of transsexual women, coming to the conclusion that yes, the qualifier was applied to the transsexual woman. The method used was deductive, that is, bibliographical research, review of doctrines, jurisprudence research, searches in scientific articles and consultation of Brazilian legislation.