Cis hegemony in the protection of violence against women:: the possibility of expanding criminal protection to transgender victims
Considering that trans women are subject not only to transphobia but also to violence on the grounds of the female gender they assume, the research aimed to investigate the possibility of applying the norms of protection to violence against women to transgender victims, aiming to infer whether this...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Brasil |
| Institución: | Universidade Federal do Rio Grande do Sul (UFRGS) |
| Repositorio: | Revista Eletrônica de Direito Penal e Política Criminal |
| Idioma: | portugués |
| OAI Identifier: | oai:seer.ufrgs.br:article/117382 |
| Acceso en línea: | https://seer.ufrgs.br/index.php/redppc/article/view/117382 |
| Access Level: | acceso abierto |
| Palabra clave: | cisnormatividade mulheres transgênero violência tutela penal cisnormativity women transgender violence criminal guardianship |
| Sumario: | Considering that trans women are subject not only to transphobia but also to violence on the grounds of the female gender they assume, the research aimed to investigate the possibility of applying the norms of protection to violence against women to transgender victims, aiming to infer whether this extensive application is compatible with the criminal and constitutional structures in force in the Brazilian legal system. For this purpose, we used the deductive and historical approach, analyzing the legal-social context of creating laws to fight violence against women, the context of the emergence of gender studies in Brazil, and their postulates about transgenderness. Subsequently, the characteristics of the criminal and constitutional structures were investigated, with regard to the criminal protection of gender and the cisnormativity that permeates them. It was concluded, then, that the context of the creation of laws to protect violence against women, as well as advances in gender statements and in the constitutional domain, directly influence the possibility of criminal protection of trans women. Therefore, it can be said that the extensive application of such protective norms to trans women is perfectly compatible with the Brazilian criminal and constitutional structure and aims at fulfilling the constitutional purpose. |
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