Debate on femicide law's effectiveness divides opinions in Brazil

Two opinion pieces published in Folha de S.Paulo debate whether the classification of femicide as a crime, established in 2015, has helped combat violence against women. One author argues it provided visibility and accountability, while the other criticizes its ineffectiveness and disproportionality. The articles highlight the rise in cases despite legislative changes.

Folha de S.Paulo published, on March 13, 2026, two contrasting opinion pieces on the impact of the Femicide Law (13.104/2015), which added a qualifier to the Penal Code for homicides motivated by gender, especially in domestic violence contexts.

The criminal lawyer and retired federal judge argues that the law represented a 'legal and civilizational milestone'. She contends that historically, women's deaths were diluted in general statistics and treated as 'crime of passion', but the classification broke with that, aligning with the Maria da Penha Law and the Belém do Pará Convention. According to the Brazilian Public Security Forum, there were 1,321 femicides in 2023 and 1,450 in 2024. The National Justice Council's Violence Against Women Panel indicated 14,570 ongoing cases in 2025. For her, these figures show greater visibility and judicial priority, though prevention requires policies like support networks and specialized police stations. 'The existence of the qualifier strengthens criminal accountability and reaffirms constitutional and international commitments', she writes.

In contrast, the lawyer and PUC-SP criminal law professor states that the law exemplifies the 'failure of penal populism'. He notes that since the 1990 Heinous Crimes Law, harsher penalties have not reduced crime. The Brazilian Public Security Yearbook recorded 621 cases in 2016, rising to 1,467 in 2024. Law 14.994/2024 elevated femicide to an autonomous crime, with sentences of 20 to 40 years (up to 60 with aggravants), but the Ministry of Justice reported 1,530 cases in 2025. The author criticizes the disproportionality, as it punishes femicide more severely than genocide or rape resulting in death, and questions whether all domestic homicides involve gender, citing examples like a father killing twin children. 'It is necessary to stop believing that lives are valued only by the size of the penalty', he concludes.

Both texts emphasize that violence persists at epidemic levels, requiring integrated public policies beyond punitiveness.

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