The purpose of the article is to examine the possibility of designing criminal law as an ally in dealing with the problem of Gênero violence in the Brazilian context. The research builds on a literature review and takes as theoretical milestones Michel Foucault and Judith Butler, critics of the universalising feminist discourse advocating criminalising gênero violence and increasing punitive power, tendencies, these, features of conservative times. Initially, the Laws Maria da Penha and Feminicide are critically analysed in order to show how the legal and criminal discourse, legitimised by feminist defendants, not only represents and recognises those who deserve protection, but produces the identities that will be protected by the State, imposing requirements for women to enjoy such protection. Thus, the criminalising discourse, driven by conservative hegemonical feminist discourses, ultimately protects only women, cis, heterosexuals, paradoxically denying rights to trans, lesbian women, for example, who escape the patterns of gênero, desire and sexuality imposed by the process of heteronormalisation. Finally, in order to overcome this paradox, it is reflected, from Foucaultian thinking, on the possibility of designing a new right, built from a post-identity perspective, capable of encouraging practices of resistance to heteronormalising and exclusionary technologies.