A aplicação da Lei Maria da Penha para sujeitos transgêneros

Abstract

The purpose of this paper was to analyze the applicability of the Maria da Penha Law to transgender people. As an example of this issue, a transvestite was taken into account, which opened a precedent to the Pará State Court. The research problem of this paper revolves around divergence of concepts of gender, transgender and domestic and family violence against women according to Law 11.340 / 06. Firstly, the complexity of the topic was emphasized, presenting the doctrinal and jurisprudential divergence that provoke an environment of uncertainty regarding the application of the norm to transgender people. Establishing the needs to explore the concepts, this research was directed to clarify the modern definition of gender and transgender, already internalized in the legal order of the country. Afterwards, gender violence was analyzed in the Maria da Penha Law, exploring the arguments used by modern doctrine, highlighting the people protected by the norm and the respective deployments of the application for transgender people. Finally, after examining the concepts, the study with Guilhermina's case which was exemplified, observing the arguments that based the decision of applicability of Law 11.340 / 06 for a transvestite under the prism of the conclusions of the research.