GENDER VIOLENCE: THE APPLICATION OF THE MARIA DA PENHA LAW TO TRANS WOMEN

Abstract

Based on Article 2 of the Maria da Penha Law (LPM), as Federal Law No. 11.340 / 2006 is known, where every woman, regardless of sexual orientation, deserves to live without violence, this study analyzes the application of LMP in order to include the transsexual population and female transvestites since they are vulnerable stakeholders in the context of domestic violence. The present research justified its development due to the need to expand the application of LMP to specific cases. The research is based on the historical-legal-deductive method and a qualitative, exploratory and mixed approach, characterized both by data collection through bibliographic, integrative and documentary review procedures, and by data analysis using legal hermeneutics and content analysis. As a result of the research, it was verified that the Judiciary Power of only twelve Brazilian states and Federal District started to interpret the reach of the LMP extensively in relation to transvestites or transsexuals victims of domestic violence, with the Federal District and the state of Roraima being the last federative entities. On the other hand, in view of the existing socio-cultural curbs, including in the national Judiciary, the Federal Law Project 8,032/2014 emerged to include in the LMP the protection for transsexuals and transvestites, although it has been stationed since August 2015, awaiting deliberation in the Commission of Constitution, Justice and Citizenship (CCJC) of the Chamber, as well as the Senate Bill No. 191/2017 in process. It is concluded based on the discussions previously presented in the research that the Maria da Penha Law clearly defines that its object of protection is the female woman (biological question), reason why new changes in the legislation are urgent as necessary, since the female gender (social construction) is out of the LMP and in view of this gap, the few proactive decisions of the Judiciary Power had a nature of politicization of the law, which makes it imperative that the Legislative Power assume its responsibility to define and harmonize the theme without any need or possibly space for extensive interpretation.