UMA CRÍTICA FOUCAULTIANA À CRIMINALIZAÇÃO DO FEMINICÍDIO: REFLEXÕES SOBRE UM DIREITO PÓS-IDENTITÁRIO PARA A DIMINUIÇÃO DA VIOLÊNCIA DE GÊNERO

Based on the work of Michel Foucault, whose reflections influence main Brazilian, European, and American studies, it is critically analyzed the recent criminalization of femicide in order to demonstrate the inability of the criminal law to promote the reduction of gender violence, not without considering the peculiarities of the Brazilian society, marked by historical racial and economic inequality. To achieve this purpose, we discuss the contribution of legal discourse to the hetero-normalization process perpetrated in the context of neoliberal biopolitics, articulated to govern populations in contemporary societies. Moreover, it is investigated how this discourse, which permeates feminist movements and practices directed to the recognition, from the criminalization of machismo, of women’s identities rights, reproduces the normalization of bodies, of their sexuality, without rising against the deconstruction of binarist identitarian discourses of sex and gender founded on the pattern of heterosexuality. Finally, it dares to reflect on a possible contribution of a post-identity right that is able to reduce gender violence.