A questão da aplicação da Lei Maria da Penha às mulheres transexuais e transgêneros enquanto vítimas de violência doméstica e familiar

Abstract

This present monograph discusses the possibility of applying Law 11.340/06, Lei Maria da Penha, to transgender women as victims of domestic crimes. This study will be approached from the struggle history of the feminist movement to guarantee rights for them. The feminist movement, throughout its theories, created the theory of gender, and, with that, the possibility of considering people from their gender identity, leaving aside the classical theories and the binary view of sex. Domestic violence does not only affect women, because it is not just a biological issue, it is a gender issue, it goes way beyond. In order to minimize domestic violence against transgender women, the present study aims to demonstrate, with the concept of gender, that transsexual and transgender women can be considered as women, and therefore, it is possible to apply the Law 11.340/06 to them. From a qualitative research, made through the deductive method and a technical bibliographical and documentary procedure, it is tried to demonstrate how the subject is being treated in the nowadays and if it is possible to apply the law to transsexual and transgender women. Then, considering that the legal system seeks isonomic and equality, in thesis, then the constitutional principles indirectly guarantee that the law can be extended and applied to them, since the non-application of this law can bring an affront to the constitutional principles equality, sexual freedom and the dignity of the human being, hence the importance of this study.