THE POSSIBILITY OF RECOGNITION OF THE FEMINIST QUALIFIER IN FACE OF THE PRESENCE OF ANOTHER SUBJECTIVE QUALIFIER IN THE MURDER CRIME

Abstract

Femicide is a new type of qualified homicide, provided for in Law n. 13.104/2015. It is a new mechanism to combat domestic violence against women, with the aim of imposing a more severe sanction on the homicide committed against women by the reason for the condition of the female sex in the scenario of domestic and family violence, and in the situations of disparagement and discrimination to the condition of being a woman. Previously to this aforementioned law there was no specific punishment for the homicide committed against the woman for reasons involving the female sex, thus, feminicide was generally penalized as a simple qualified homicide usually framed as an awkward or futile motive, provided for in art. 121, § 2, items I and II. Still, about its qualifying nature, it has brought the relevant controversy over its nature to be objective or subjective, but the current that the qualifier of feminicide is of a subjective nature predominates. This is because such a crime occurs exclusively because of the motivation of the crime, which are considered subjective, because it would not be necessary to speak of an objective nature because it does not concern the way or means of execution of the crime. The purpose of this research is to understand the possibility of recognition of the feminicide qualifier as being of a subjective nature, combined with another subjective qualifier (awkward / futile motive), allowing stricter punishments for crimes committed in these circumstances.