A LEI 14.188/21 E A PROTEÇÃO DA MULHER EM RAZÃO DO SEXO FEMININO

Abstract

This paper aimed to discuss the new Law 14.188/21 that defines the Red Light Against Domestic Violence cooperation program as one of the measures to confront domestic and family violence against women foreseen in the Maria da Penha Law, which instituted the crime of psychological violence and alters provisions of the Penal Code by modifying the penalty modality of simple bodily injury committed against women due to the condition of the feminine sex. If for the time being the new law advances in criminalizing a new violence, on the other hand it conditions the application of the norm "for reasons of the condition of the feminine sex", showing a strong determination to exclude other gender categories. To analyze the wording of the law, its alterations in the Penal Code, and the consequences of a restrictive interpretation of the norm, it was necessary to review the course of the feminist struggle in Brazil and in the world and how the thoughts and discussions about sex, gender, and women evolved, especially in the Legislative and Legal spheres, which, due to their conservatism and patriarchal structure, have not been effective in protecting all feminine genders. The data and references showed that this is not a new discussion, since other texts of laws have already been promulgated in this same sense and the use of the term "conditions of the feminine sex", thus revealing the importance of the debate of laws, even in their formation, under a gender perspective. The methodology used was a bibliographic review of legislation and works pertinent to the theme.