Travesticídio-transfeminicídio e o controle de convencionalidade : a inadequação da Lei de Feminicídio frente à Convenção de Belém do Pará

Abstract

The travesticide and the transfeminicide are analytical categories that refer to the phenomenon of the killing of trans women and travestis. These deaths have similarities to the characterization of femicide and of feminicide, which explain the phenomenon of woman killing. However, trans women and travestis continue to be killed; these killings are registered as homicides, and their sex is cataloged as “male”, which generates underreporting. The Control of Conventionality, being a hermeneutic method, is used to comprehend international human rights law, and to apply it in the domestic order. This research has the aim of analyzing and verifying whether the Convention of Belém do Pará and the Feminicide Law result in the recognition that the term “sex” is used incorrectly, and that it should be “gender”. Regarding methodology, normative-juridical research was used, of the exploratory type, with a qualitative approach, using primary and secondary sources, the inductive method, the jurisprudential technique and Content Analysis theory. In the first part of this work, the concepts of sex, gender, and woman were analyzed, so they could be used to compare the Feminicide Law with the Convention of Belém do Pará regarding the terminologies used to refer to women. In the second part, the analytical categories of travesticide and transfeminicide were studied to serve as basis for the problematic, and to comprehend the characteristics in common between them and femicide/feminicide, as well as their own peculiarities. In the third part, the Control of Conventionality is used to harmonize the Feminicide Law and the Convention of Belém do Pará to solve the problem. It is concluded that, the Feminicide Law is incorrect because it uses the term “sex”, and not “gender”, being in disagreement with the Convention of Belém do Pará, but needs to be applied together for the purpose of harmonization, based on the pro homine principle.