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Mulheres trans passam a ser protegidas pela Lei Maria da Penha

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Dez anos após sua sanção, a Lei Maria da Penha (11.340/2006) poderá ser aplicada a mulheres transexuais e travestis por promotorias de todo o país. A decisão foi do Conselho Nacional de Procuradores-Gerais (CNPG), e inclui tanto as transgêneras que passaram pela cirurgia de redesignação de sexo e alteraram o nome no registro civil quanto as que não fizeram essas mudanças.

Decisões de Tribunais de Justiça (TJ) em vários estados brasileiros já vinham estendendo a Maria da Penha a travestis e mulheres trans, como a 9º Câmara Criminal do TJ de São Paulo. Com a decisão do CNPG, não haverá mais dúvidas quanto a aplicação da legislação.
Segundo a Lei Maria da Penha, “Toda mulher – independentemente de classe, raça, etnia, orientação sexual, renda, cultura, nível educacional, idade e religião – goza dos direitos fundamentais inerentes à pessoa humana, sendo-lhe asseguradas as oportunidades e facilidades para viver sem violência, preservar sua saúde física e mental e seu aperfeiçoamento moral, intelectual e social”.

Maiores vítimas

O coordenador de Combate às Opressões do Sinditest, Anderson Spier Gomes, lembra que a linha T – que engloba travestis, transexuais e transgêneras – é a que mais sofre violência dentro do grupo LGBT. “Tanto indiretamente, com agressões verbais, quanto da forma mais extrema, com agressões físicas e mortes”, diz ele, que ressalta que o Brasil é o país que mais mata travestis e transexuais no mundo.

Só nos primeiros 26 dias de 2016, 57 pessoas transgêneras foram mortas de forma violenta no Brasil, segundo entidades que acompanham o tema. Entre janeiro de 2008 e março de 2014, foram registradas 604 homicídios de indivíduos trans no país, de acordo com a Organização Não Governamental (ONG) Transgender Europe (TGEU).

Apesar de a extensão da Maria da Penha às travestis e mulheres trans ser considerada uma vitória, ela vem atrasada e, na avaliação do coordenador Anderson, sequer deveria ser necessária. “A gente esperava que não precisasse haver uma decisão dessas para que a lei fosse aplicada a mulheres trans. Mulheres trans e travestis são mulheres”, afirma. Ele contextualiza que a sociedade, conservadora e LGBTfóbica, reduz o indivíduo a seu sexo biológico. “Focaliza-se apenas na genitália, e uma pessoa não é apenas uma genitália.”


Luta continua

Na contramão do avanço dos direitos da população T, o deputado federal Eros Biondini (Pros-MG) propôs o Projeto de Lei (PL) 477/2015, com o único objetivo de desproteger mulheres trans e travestis. A proposta altera a Lei Maria da Penha retirando o termo “gênero” e substituindo-o por “sexo” em todas as vezes em que ele é citado.

Para o deputado, o termo gênero pode gerar um entendimento de que “qualquer pessoa pode ser considerada mulher”. O projeto conservador e reacionário será analisado por comissões da Câmara dos Deputados. Iniciativas como essa mostram que a luta pelos direitos dos LGBT e pelo combate a opressões não pode arrefecer.

Luisa Nucada,

Assessoria de Comunicação e Imprensa do Sinditest-PR.

Compartilhar.

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