Desigualdad y discriminación en el delito de feminicidio como tipo penal autónomo

Abstract

The article deals with the issue of femicide as a recently created autonomous criminal type in our legal system and how it can go against the constitutional mandate of the right to equality seen from the perspective of article 13 of our political charter, in which expressly It is promulgated that all people are born free and equal before the law, therefore, that a criminal type has been created that exacerbates the penalty of homicide when it is committed against a woman for the fact of being a woman, when before it was an aggravating circumstance of homicide. it may obey more to the demands of punitive populism than to a true analysis of the criminal state policy, or to a way of vindication of the rights of women that have historically been degraded and for which they have had to fight until reaching their recognition on par with the rights of men.