Bibliographic citations
Alfaro, B., (2023). Los estereotipos de género como elemento interpretativo para unificar la calificación jurídica del delito de feminicidio. [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5960
Alfaro, B., Los estereotipos de género como elemento interpretativo para unificar la calificación jurídica del delito de feminicidio. []. PE: Universidad Andina del Cusco; 2023. https://hdl.handle.net/20.500.12557/5960
@misc{renati/27536,
title = "Los estereotipos de género como elemento interpretativo para unificar la calificación jurídica del delito de feminicidio.",
author = "Alfaro Sanchez, Brenda",
publisher = "Universidad Andina del Cusco",
year = "2023"
}
Gender violence exists and persists in our country. This includes all cruelty against subjects who have behavior that disrupts the conception of what it means to be a man or woman socially. Its expressions are multiple, starting from inconspicuous forms of social sanction until reaching its peak manifestation of violence, which is feminicide; the same one that is defined in our system as the action of killing a woman because of her status as such in the different typical contexts provided for by the crime - although its final context "Any form of discrimination against women..." is about a numerus apertus, which leaves open the scenarios in which the crime can happen. The incorporation of femicide into our legal system as an independent crime from homicide and patricide is a response of last resort to contain this phenomenon. However, their accusation within the framework of the Peruvian criminal process has been presenting inconsistencies, and the interpretation of the gender element required by the crime in its objective typicality for the commission of the crime is interpreted in a heterogeneous manner at each procedural stage and many times wrong by legal operators, which has caused impunity for gender violence. Faced with this problem, our research within the framework of law with notions in gender studies, aims to respond - although not in a closed way - that the presupposition of interpretation of the typical behavior of the crime to qualify the element "killing a woman for their status as such” based on gender stereotypes, could homogenize their legal classification and solve, to a certain extent, the phenomenon of feminicide in our country.
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