O direito penal brasileiro e o enfrentamento às violências de gênero contra a mulher pós Constituição Federal de 1988

Abstract

The purpose of this article is to examine the evolution of women's rights and their criminal protection, due to historical, social, cultural and economic inequality, and to verify the results of this social control performed by the Criminal Law. To this end, the work presents –through bibliographic research- the historical-social construction of gender in Brazil and the consequent inequality and discrimination that have corroborated the important participation of feminist movements in drafting criminal laws to protect women. Through an analysis, without any pretension of exhausting the study on the subject, it can be observed that the international instruments to which Brazil is a signatory play an important role in influencing the structuring of the Constitution and infra-constitutional laws regarding the confrontation with the diverse gender violence suffered by women in this country. It is concluded that criminal law is losing its ultima ratio and is serving as an instrument of immediate punishment, but it is not the typification of conduct as a crime or criminal punishment that will, solely and exclusively, help reduce cases of gender violence against women, according to data presented. Awareness through access to formal education and incentives to public policies are paramount in addressing this problem in society.