AS MULHERES E O CONTROLE PENAL: A LEGISLAÇÃO PENAL DA PRIMEIRA REPÚBLICA EM PERSPECTIVA DE GÊNERO
DOI:
https://doi.org/10.17564/2316-381X.2023v9n2p413-430Abstract
This work adopts a gender perspective to analyze the criminal legislation enacted during the First Republic period, especially the Penal Code of 1890. The main objective, therefore, is to examine how women were depicted in these legal documents, which referred to women both as victims and as offenders of crimes. Based on the theory of feminist criminology and the French discourse analysis, it is observed that, in general, the criminal legislation of the early Republic drew inspiration from the scientistic theses of a sexist nature to reinforce gender roles and stereotypes, contributing to the formation of a model of an idealized woman. On the other hand, women who strayed from this standard were labeled as dishonest and criminal, being subject to criminal repression.