Importância da perícia criminal para elucidação do aspecto subjetivo do feminicídio: o menosprezo e discriminação à condição de mulher

Abstract

The creation of the Law that typifies feminicide was extremely important for society, as, in addition to increasing the base penalty for the crime of Homicide, it was also established to give due visibility to oppression and violence against women. However, this qualification of Homicide, defined as the act of killing due to the condition of being a woman, presents an extremely subjective aspect and is difficult to visualize, that is, the "disparagement or discrimination against the condition of a woman", a requirement that in itself it becomes difficult to identify through the collection of unguided evidence, and there was no due explanation from the legislator. It is in this sense that Criminal Forensics has an important role, as in addition to looking for criminal authorship, it investigates precisely the modus operandi that configures the existence of these subjective qualifiers, such as hatred against women. Therefore, the difficulty of elucidating this legislative requirement, which was insufficient to explain what constitutes contempt and hatred towards the condition of being a woman, can and should be subsidized by the assessment of criminal expertise when investigating the specific case.