O CÓDIGO DO MACHO: A ESTRUTURA HISTÓRICA DO CÓDIGO PENAL BRASILEIRO E O CRIME DE ESTUPRO
Abstract
This article aims to analyze how gender categories and stereotypes operate in the Penal Code and how the Penal Code operates to (re)produce gender categories and stereotypes. In order to continue the investigation, it is necessary to present the historical context of our Penal Code. Thus, it was edited during the Enlightenment and the theories of inferiority of the human “race”, which includes the inferiority of women, according to Greco (2012), in a scenario marked by the witch hunts narrated by Federici (2015), who also they reinforce the inferiority and objectification of women. Time in which it is possible to verify the gender elements outlined by Chauí (1985), among other authors, and materialized by the stereotypes of Pereira (2002), which also reinforce the issues of femininity as inferiority, passivity, among others. Therefore, the issues of gender, stereotypes, patriarchy in force in the context of the edition of the Penal Code probably influenced its construction at the time and today continue to operate through it.