Lei do Feminicídio e reconhecimento: Discussão crítica em torno dos remédios afirmativos para a violência de gênero

Abstract

The Law of Feminicide, enacted in 2015, comes as a response to a series of international documents articulated by the United Nations to eradicate violence against women around the world. If on the one hand this typification is a victory of the feminist movement, on the other, criminalist authors criticize its limitations and wrong penalties. Based on Axel Honneth’s Theory of Recognition, which signals the existence of a legal sphere to be respected, and Nancy Fraser’s two-dimensional conception of social justice, which warns of the possibility of misrecognition arising from affirmative remedies for social problems, this article aims to provide reflections on the aforementioned law. In this spectrum, the importance of making violence against women public, and removing it from the exclusively private sphere, is highlighted. From Saffioti and other authors, the aspects and typology of gender violence were exa- mined briefly, as well as the legal conflicts centered in the discussion of the pertinence of the new legislation. It has been found that, despite the failures of the Law of Feminicide, even derived from affirmative remedies, its benefits can not be ignored and the theory mentioned assists in the necessary analysis of its implications.