Banca de QUALIFICAÇÃO: AMOM ALBERNAZ PIRES

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : AMOM ALBERNAZ PIRES
DATE: 13/11/2025
TIME: 09:30
LOCAL: https://meet.google.com/spr-unpj-uuu
TITLE:

Non-intimate feminicide as a legal category: the dogmatic-criminal construction and judicial recognition in Brazil, Mexico, Argentina, and Colombia

KEY WORDS:

Non-intimate feminicide; Latin American jurisprudence; Criminal-law dogmatics; Gender-based violence against women.

PAGES: 172
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Despite the criminalization of feminicide in Brazil and several Latin American countries, its translation into legal practice still faces resistance, especially when committed outside the “intimate” contexts traditionally associated with the Maria da Penha Law. Non-intimate feminicide, defined as the killing of women by perpetrators with no prior affective, domestic, or family ties to the victims, remains socially and legally invisible. This invisibility has been denounced by diverse women’s movements whose feminist, decolonial, racialized, and queer/cuir/LGBT+ critiques have exposed the sexist, racist, and cis-heteronormative patterns embedded in dominant criminal-law dogmatics and procedural practices. This thesis advances the hypothesis that such invisibility may be linked, at least in part, to the lack of a consistent dogmatic-criminal elaboration of non-intimate feminicide, a gap that persists even after the reform enacted by Law 14,994/2024. Accordingly, the research addresses the following question: How has non-intimate feminicide been constructed as a legal category within Latin American criminal-law doctrine and jurisprudence, and what are the limits and possibilities of a counter-hegemonic dogmatic-criminal framework in light of the intersecting dimensions of gender, race, sexuality, and coloniality? To answer this question, the study investigates the judicial recognition of this category in Brazil, Mexico, Argentina, and Colombia through a qualitative, empirical, descriptive, and comparative analysis of high-court decisions published mainly between January 1, 2020, and August 12, 2025, together with specialized criminal-law scholarship. The analysis draws on categories developed by critical epistemologies (feminist, decolonial, racialized, and queer) as interpretive lenses for both individual and structural aspects of the cpuors, while also generating a posteriori analytical categories. Preliminary findings reveal heterogeneous and often imprecise judicial interpretations of non-intimate feminicide in Brazil, largely shaped by a circular dogmatic reasoning that tends to overlook gender 

specificities and inadequately incorporate intersectional vulnerability perspectives. The verification of specific intent and of the gender-based motive proves particularly challenging, especially in cases lacking any prior relationship between offender and victim. Nevertheless, Brazilian jurisprudence allows for the tracing of “cartographies of contempt” (such as rejection as a trigger, explicit misogyny, and sexual violence as a marker) that assist in interpretation, even though markers such as race, class, sexual orientation, gender identity, age, and regional origin remain sporadically and unsystematically addressed. While convergence was observed in the basic structural elements of the offense and in general evidentiary criteria, significant divergences persist in interpreting normative elements equivalent to “disdain” and “discrimination based on the condition of being a woman.” Brazilian jurisprudence has shown resistance to the gender-sensitive and intersectional theoretical frameworks advanced by Inter-American Court of Human Rights precedents, resulting in oscillation between objectivist and subjectivist readings of the gender element of the offense. The potential contributions of this thesis to the legal-criminal intelligibility of non-intimate feminicide in Brazil include: (i) a cross-country jurisprudential mapping of non-intimate feminicide; (ii) an intersectional analytical matrix; (iii) a de-psychologized systematization of objective and subjective elements and inferential criteria for the gender element; (iv) concept-harmonization parameters and gender-oriented evidentiary standards guided by conventionality-control principles; (v) targeted legislative and jurisprudential improvement recommendations; and (vi) the formulation of dogmatic-criminal tools encompassing transfeminicide, travesticide, and lesbicide, plural legal interests (such as the right to a life free from violence and gender equality), and the communicability of the gender element in cases of co-offending.

 

COMMITTEE MEMBERS:
Interna - 1952365 - CAMILA CARDOSO DE MELLO PRANDO
Externa à Instituição - CAMILLA DE MAGALHÃES GOMES - UFRJ
Presidente - 2222564 - CRISTINA MARIA ZACKSESKI
Externa ao Programa - ***.639.169-** - LIA ZANOTTA MACHADO - USP