O estrupo corretivo: as vertentes do preconceito contra as mulheres lésbicas

Abstract

The present work has as its main theme the corrective rape in lesbian women, foreseen in law 13.718/2018, article 226, IV, paragraph B. The crime of corrective rape in lesbian women has a punitive character that is based on the prerogative of punishing women for their sexual orientation, using rape as a form of "gay cure" for not following the heteronormative standard. From this assumption, the main problem is about the prerogative of to what extent the rape culture present in Brazil influences the practice of corrective rape, in this sense, we seek answers in the legal and social fields to answer these assumptions, being analyzed all the aspects present in the crime of corrective rape. The research has the prerogative of examining the prejudices that lead to the practice of rape in a social scenario, to understand the historical cultural aspect of gender prejudice under the perspective of double vulnerability of lesbian women, to evaluate the constitutional principles that the corrective rape violates in the Federal Constitution of 1988 and to verify the advances of Criminal Law in the criminalization of corrective rape. In this sense, a study had been conducted on gender prejudice in the social sphere, on the internalizations of human rights through the federal constitution and its means of efficiency towards human dignity, the freedom of LGBTQIA+ social movements, and the limitations of freedom of expression in propagating hate speech. Therefore, research had been done on the criminal legislation over the centuries. The research method is hypothetical-deductive, using bibliographic research on the subject. Thus, society still reproduces thoughts and ideas aimed at sexism and gender prejudice, as well as the constitutional norms do not generate many times the expected effectiveness resulting in violations of constitutional principles, where the Criminal Law still reproduces little by little the necessary updates.