Mandado de criminalização: a injúria contra a mulher como crime de ódio

Abstract

In the present days, the issue of violence against women has conquered its’ representative space inside Law studies, specially referring to domestic violence. Nonetheless there are still necessary changes to be made. Objective: This dissertation has the goal of comprehending the role of Criminal Law, supported by the Criminalization Warrant fixed by the Constitution, as a resource of repression of hate crimes against women in Brazil, considering misoginy as a structural issue. Moreover, this study aims the understanding how the crime of insult against women plays part in the maintenance of misoginy and discrimination, and what consequences the abscence of adequate criminal statutory provision of the crime of insult has been causing to women protection. Material and Methods: The academic construction of the dissertation was based in other academic studies and statistic data. The data collection was made by bibliographic research. Results: This study concluded that the crime of insult against women, although it is fit as a hate crime by law, it is not deemed the same way as the other hate crimes in the Brazilian Legal System. Therefore, considering the Criminalization Warrant of hate crimes fixed by the Federal Constitution of Brasil, it is imperative that the adequate alterations are made to fit the crime of insult against women in the same baseline as the other hateful insults.