THE HARDER PENALTY OF FEMINICIDE AND ROXIN'S THEORY OF LEGAL ASSETS

Abstract

This article analyzes the increase in the penalty for femicide in light of Claus Roxin's Theory of Legal Good and Symbolic Criminal Law. The recent legislative amendment, which raised the sentence to up to 40 years of imprisonment, created a punitive disparity compared to qualified homicide, raising questions about proportionality and the doctrinal coherence of Criminal Law. It is argued that, according to Roxin, the legal good of life should be protected equally, regardless of the victim's gender, making the stricter punishment for femicide questionable. Additionally, the study discusses how this penalty increase fits within the context of Symbolic Criminal Law, being used as an immediate response to social pressure without necessarily impacting the reduction of gender-based violence. The study concludes that combating femicide must go beyond harsher criminal penalties, requiring effective public policies
and preventive measures that address the root causes of the issue.