Afinal, o que é ser mulher?: a (im)possibilidade de figurar pessoa transexual como vítima de feminicídio

Abstract

This is an analysis of the possibility of a transsexual person being a victim of the crime of feminicide, relating mainly to transsexual women. In the face of divergences in the legal environment, there are discussions about observance or not of the requisites for framing the crime of homicide by the transsexual woman. Such discussions also arouse debates in society, since it involves a reconstruction of the concepts commonly known and accepted socially. In an initially conceptual approach, there is an analysis of what are sex, gender, gender identity and sexuality. It also analyzes the typification of feminicide, its effectiveness and the symbolic penal law. And, at the central point of the discussion, the objective is to discriminate or disregard the condition of woman on the part of the agent in relation to the victim being a transsexual woman, also addressing the various doctrinal currents and what is presented in the jurisprudence on such subject. Based on a methodology, regarding bibliographical technical procedures, and also, regarding exploratory and deductive objectives, it aims to broaden the discussions in relation to a critical approach in the criminal sphere.