Análises sob a perspectiva de gênero dos crimes contra a honra cometidos em contexto de violência doméstica e familiar: controle da constitucionalidade e da convencionalidade da ação penal privada

Abstract

The article aims to analyze the legal suitability of the private complaint as a requirement of prosecuting honor-based violence committed in the context of domestic and family violence or gender-based moral violence. Therefore, the research is focused on answering whether the legal provision that determines that crimes of moral gender-based violence should be prosecuted upon private criminal complaint would be adequate to the examination of constitutionality and to the conventional control. To do so, we start from a brief historical context about the relationship between women and the Law for further doctrinal analysis of private criminal complaint, in contrast to the norms and guidelines to fight gender violence. Thus, we can conclude that limiting criminal prosecution to private criminal complaints, in cases of gender-based moral violence, implies limiting access to justice and generating potential revictimization.