Violência psicológica contra a mulher em situação de violência doméstica e familiar: uma análise do art. 147-b do Código Penal Brasileiro

Abstract

Psychological violence against women, a crime provided for in art. 147-b of the Brazilian Penal Code is one of the forms of violence provided for in the Maria da Penha Law. However, knowing that domestic violence is a kind of gender violence, as well as that gender patterns and the patriarchal hegemonic structure interfere in the process of subjective affectation of women, the present work studies the applicability of the norm of the penal law in the domestic scope based on a bibliographic review on the subject, comparing it with real cases. In this way, it is observed that the typification of the crime of psychological violence implies an action or omission by the author of the violence that causes emotional damage to the victim, however, this damage does not need to be proven by medical report. Therefore, the study addresses, in detail, the strategies of typification and production of evidence referring to the criminal type from a technical-scientific perspective, in order to elucidate the legal operator in the filing of supporting documents of procedures referring to art. 147-b, aiming at greater combativeness against violence against women.