Criminalização da misoginia: análise de suas possíveis consequências frente aos dados estatísticos da Lei Maria da Penha e da Lei do Feminicídio

Abstract

The present study set out to analyze the necessity of criminalizing misogyny, evaluating the possible consequences of this measure in combating violence against women, with the driving thesis: What would be the practical usefulness of classifying the crime of misogyny, in itself, in the face of hate speech against women? Considering the disturbing reality, is this typifying practice insufficient to reduce cases of women being abused in domestic contexts and killed for gender-related reasons? Thus, the main objective of the study is to understand the need for the alleged criminalization in order to reduce hate speech and violence against women, in addition to seeking a better understanding of the results and the current scenario of existing laws, especially the Feminicide Law and the Maria da Penha Law, as well as studying the wording of Bills nº 896/2023, 872/2023 and 1.960/2021, since they all intend, each in their own way, to criminalize misogyny, and for this it uses bibliographic research methods and data analysis. After analyzing debates within the spectrum of Law, anti-punitivism, feminism and philosophy, it concludes that, although criminalization can have positive effects, it must be accompanied by broader structural changes aimed at protecting women, strongly indicating the need for effective public policies to address this specific issue.