Violência Contra Mulheres Trans e a Aplicabilidade da Lei Maria da Penha: gênero e a atuação da delegacia da mulher

Abstract

The Maria da Penha Law (Law nº 11.340/2006) became a legal landmark in the defense of Brazilian women's rights, for understanding and treating the problem of domestic violence in an integral way. It created instruments of protection and emergency shelter for women in situations of violence, isolating them from the aggressor, and offers mechanisms to guarantee social and psychological assistance to the victim and preserve their property and family rights. This same Law, in its article 5, when dealing with domestic and family violence against women, uses the term "gender" and not "sex". It is known that the term gender refers to the social codes that exist to define what is masculine or feminine, it is a cultural and social issue, and it means interaction between men and women. In this scenario, the hypothesis arose that Law 11.340/2006 can be applied in cases of violence against trans women, since it does not rely on the aggressor's motivation, but rather, for its effective application, the victim must be a woman and the violence must have occurred in the domestic and family environment or in the context of an intimate or affectionate relationship between the aggressor and the victim. As a result, the general objective of this research was to analyze the application of the Maria da Penha Law in cases involving transsexual women, based on the understanding of the Superior Court of Justice, which in April 2022, understood that the application of this Law is possible in this specific case.