40 years in prison for feminicide are an encouragement for a country without a statute on victims

40 years in prison for feminicide are an encouragement for a country without a statute on victims





A growing concern in society, femicide is widely defined as the murder of women because they are, simply, women. This type of crime is based on asymmetrical power relations, unfortunately still in force in our society, through the perpetuation of the paradigm of male superiority over females.

This is a phenomenon rooted in the power structures produced by patriarchal organizations, fueled by misogynistic actions that unfortunately deny women the right to physical and mental safety.

The most frequent forms of femicide occur in the context of domestic and family violence, or for reasons of discrimination. It is also common for it to be associated with the practice of other crimes, such as torture and sexual violence, especially in cases linked to trafficking in women or organized crime.

Known as the “Anti-feminicide package”, law 14,994/2024, approved on 10 September, tightens the penal policy by providing for 30 to 40 years of imprisonment for femicide crimes. The penalty can also be increased by up to a third if the woman is pregnant; if the violence is committed three months after giving birth; or if the victim is under 14 years old or over 60 years old.

The new legislative diploma also provides for measures in the initial and intermediate sphere of violence against women, such as harshening the penalty, in case of violation of a protective measure; the possibility of transferring the attacker to a prison located in a place different from that of the victim’s residence; as well as the application of triple the penalty in the case of criminal proceedings – and double, in relation to the crimes of slander, defamation and insult committed due to the condition of the female sex.

Also noteworthy is the prison sentence of 2 to 5 years, if the accused commits bodily harm against a person related to the victim. Another positive point of the “Anti-feminicide package”: the elimination of the absurd requirement of representing the woman attacked in the crime of threat, in addition to the double application of the sentence.

It is undeniable that progress has been made with the entry into force of the law in question. However, legislative progressivity, in terms of gender equality, requires the adoption of complementary policies in Brazil, such as the edition of the Victims’ Statute (law 3,890-2020). Repressed at the National Congress since May 2023, where it is awaiting a vote, the text guarantees women who find themselves in a vulnerable situation due to violence the possibility of enjoying fundamental human rights, such as access to information, communication , health care, psychological and social assistance and repair of the damage caused, just to name a few of the proposals.

No less important for reflection: gender inequality is the underlying cause of violence against women and femicide. However, the Brazilian state still remains shy in developing public policies that can correct this social imbalance.

As this is a persistent manifestation of gender inequality, it is necessary to attack the root of the problem, otherwise the new Brazilian legislation on femicide will remain reactive rather than proactive.

Worth considering: Just tightening the law is not enough! Failure to recognize the cause may also allow high rates of femicide to persist, despite increased penalties, putting our country at risk, thus maintaining the perpetuation of the undervaluation of women in our society – something which, by the way, is not saveable. and unacceptable.

Celeste Leite dos Santos is president of the Brazilian Institute for Global Assistance to Victims (Pro-Vítima); Chief Public Prosecutor at the Board of Appeals of the Public Ministry (MP) of São Paulo; PhD in Civil Law; master’s degree in criminal law; specialist in Diffuse and Collective Interests; and creator of the Victims’ Statute, the Law on Sexual Harassment and the State Project 130/2016 for full equality between men and women.

Source: Terra

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