Gender Violence in the Family: Penal Juridical Perspective

Abstract

In the present work, the Federal Constitution and international treaties that oblige the State criminally to guarantee the women’s human rights to have a life free of violence at home, from a protectionist perspec­tive are analyzed. It is concluded that to fulfill with such obligation, the legislative creation of a penal norm to punish the domestic violence associated with gender-based violence is unavoidable. This legislative action would be part of a new criminological policy specifically dedicated to the prevention, punishment and eradication of gender-based violence at home. In the present work, the Federal Constitution and international treaties that oblige the State criminally to guarantee the women’s human rights to have a life free of violence at home, from a protectionist perspective are analyzed. It is concluded that to fulfill with such obligation, the legislative creation of a penal norm to punish the domestic violence associated with gender based violence is unavoidable. This legislative action would be part of a new criminological policy specifically dedicated to the prevention, punishment and eradication of gender based violence at hom