A Lei Maria da Penha e a tutela legal da integridade psicológica da mulher : uma análise do art. 147-B do Código Penal Brasileiro

Abstract

Domestic violence against women is a phenomenon that transcends legal limits, as it results from a long-standing historical-cultural process, marked by machismo and relations of domination. In this context, the research analyzes, based on the Maria da Penha Law, the legal protection of the psychic integrity of women, specifically in the crime of Psychological Violence against women, article 147-B of the Brazilian Penal Code. The study is justified by the fact that the criminal type is recent and crossed by subjectivities, including its evidence. It aims to evaluate the possibilities of proving emotional damage in court, generate interpretations that are more protective of the psychological integrity of women and highlight the importance of the gender perspective. This work is the result of a literature review. The methodology involved legislative, doctrinal, jurisprudential research and relevant bibliographies. After pondering the subjectivism of emotional damage, the production of evidence and differentiations regarding the crime of psychic bodily injury, it is inferred from the seriousness of psychological violence that human suffering does not need to be classified as a disease to be validated and criminally protected, which removes the indispensability of expertise for the configuration of the crime provided for in article 147-B and emphasizes the importance of an approach from the Gender Perspective.