Zanatta, Diana CasarinMattos, Alana de2025-03-202024https://repositorio.uricer.edu.br/handle/35974/810This final course work establishes an approach regarding the compatibility or not between the recognition of feminicide as a qualifying factor in cases of intentional death of women due to this condition and the qualifying factor of futile motive. This is a highly controversial issue, which divides opinions, which is why the objective of the study is to establish a panoramic analysis of both the doctrine and the jurisprudence, seeking to contribute to a better understanding of the problem. To this end, the research starts from the need to understand how these qualifiers are interpreted by the doctrine and applied by the courts and whether their coexistence violates fundamental principles of criminal law, such as bis in idem and proportionality. The qualifier of feminicide, introduced by Law No. 13.104/2015, qualifies homicide when committed against a woman due to her gender, while the futile motive is characterized by the disproportionality between the motivation of the crime and the gravity of the act. The research analyzes recent judgments that show divergence in the application of these qualifiers, seeking to understand whether their cumulative application is possible without violating the defendant's rights or disrespecting constitutional principles. The methodology used involves the analysis of case law from higher courts and legal doctrines, in addition to bills that deal with the protection of women's rights and the adequacy of penalties for crimes of gender-based violence. It is concluded that, although the combined application of the qualifiers is possible and often necessary for a more efficient criminal response, it is essential that this cumulative application be done judiciously to avoid excessive punishment. The research seeks to contribute to the legal debate on the improvement of legislation and the application of criminal law in cases of femicide, promoting more effective and equitable justice in addressing violence against women. Regarding the methodology, a qualitative research of an exploratory and descriptive nature was used. The theoretical approach includes doctrinal and jurisprudential analysis, exploring the compatibility between feminicide and the qualifier of futile motive. The research also used the deductive method, based on specific legislation and concrete cases, to evaluate the legal interpretation on the possibility of coexistence of these qualifiers.pt-BRDireitoDireito penalFeminicídioMotivo fútilViolência de gêneroTrabalho de Conclusão de Curso