The possibility of the female transexual figure as a passivepole in the feminicide qualifier

Abstract

The female gender gave women a subversion character due to oppression. Femicide emerges as the ultimate form of violence against women and reinforces the existence of patriarchal ideals that place them in risky situations only because of what they are. The sanction of the law numbered 13.104/2015 as known as “Feminicide Law” in Brazil, has emerged as a boundary to curb oppression, qualifying gender-motivated homicide and bringing these murders to light, in order to seek an eradication of this violence against women. However, opportunities to discuss about which subjects would be covered by the protection of the feminine gender, conferred by the law and what criteria should be analyzed for an individual to be considered "woman" have arisen, also, if female transsexuals may or may not appear in the passive pole of the crime in discussion. Thus, by means of doctrinal, jurisprudential and juridical researches, the existing currents on the subject were analyzed, pondering the biological, psychological and juridical criteria of what isa "woman", for law application purposes. Analyzing “gender", "gender identity" and "transsexual" concepts, as well as the constitutional principles of Human Dignity, Isonomy and Freedom, it was concluded that the law aims to protect the feminine gender and should consider beyond the biological criteria to assure such protection.