DIREITO E DIVERSIDADE

Abstract

Law No. 11,340/06, also known as the Maria da Penha Law, was created with the aim of inhibiting violence against women in the domestic and family spheres. The victim protected by the law, for the most part, is the one who, since his birth is, biologically, a woman. Transgender women are also victims of domestic and family violence, but the lack of legal provision makes it difficult to exercise their right. In this sense, this study analyzed whether the Maria da Penha Law should be applied to transgender women, regardless of the transgenitalization surgery and/or the change in name and gender in the civil registry, considering Brazilian jurisprudence stemming from 2006 to 2020. The research is qualitative in nature, presenting descriptive and explanatory characteristics. He examined jurisprudence, legislation, doctrines, and literature on the subject. With the jurisprudence it was intended to understand the position of the courts, referring to the application of Law No. 11,340/2006 in Brazil to transgender people and with works, to deepen knowledge about the Maria da Penha Law and gender. Gender is how one recognizes himself before society. It's a question of identity, it's subjective. It's independent of sex or sexual orientation. Sex refers to the genital organ with which the person was born, and sexual orientation concerns the sexual and/or sentimental attraction that one person feels for the other. The transgender woman is the person who does not identify with the gender of the sex that was born. She is born with the male sex, but who identifies with the female gender. In addition to suffering from transphobia, she is also a victim of violence in the domestic and family spheres, finding himself in a situation of greater vulnerability because he is part of a minority and, because he is in a position taxed as being inferior to the female sex. If the victim protected by the Maria da Penha Law is the woman, this protection is also due to the transgender woman. However, this is not a peaceful issue, with positions that are favorable and contrary to the perspective of law in relation to the application of the Maria da Penha Law.