Proposta de protocolo operacional padrão para atuação pericial em locais de crime de feminicídio

Abstract

The murder of women as the maximum -and final -expression of gender violence is customary in the patriarchal regime. The condition of being a woman is the most significant risk factor for the perpetration of crimes based on inequality. That said, identifying violent deaths of women, when due to gender, as feminicide, is part of a set of strategies aimed at bringing visibility to the social attribution of male supremacy to sensitize institutions about its occurrence and recurrence. From this point on, it becomes the main objective to promote and guarantee women's rights, stimulating, in parallel, the adoption of prevention policies to violence based on sexist inequality. The interpretation of lethal violence from a new legal category, based on the idea of a gender crime, imposes practical issues for the agents acting in the justice system. Expert work will be fundamental for determining the differential diagnosis (manner of death) in crimes against life, especially in defining the qualifying factor under study. Although the assignment of the legal cause of death is not the Forensic Experts competence, it will be up to him/her -permeated by technical and methodological strictness -the role of correctly assisting criminal justice during this process. This work proposed the development of a Standard Operational Protocol for forensic performance in crime scenes of feminicide, considering the gender perspective in the analysis of traces, contemplating a detailed description of the best techniques, as well as the critical analysis of the possible expert findings observed in criminal offenses marked, above all, by misogyny. To this end, descriptive applied research was conducted and based on a qualitative and empirical methodology formulated according to the standards established by the legislation in force, as well as by the academic community, in addition to the on-site observation of the scene processing carried out by the Offenses Against the Person Section of the Civil Police of the Federal District, following pre-existing technical guidelines, grounded on practical devices. It can be concluded that the elaboration of a document that addresses recommendations that assist in the production of the material evidence contributes to the elaboration of a common language to all the experts involved in the processing of intentional violent deaths sites due to gender, thus collaborating with the development of better conducts in the confrontation of feminicide crimes.