A tipificação da violência psicológica contra a mulher prevista no Código Penal Brasileiro e sua interpretação jurisprudencial

Abstract

As a criminal form recently included in the Brazilian Penal Code, psychological violence against women is typified as a crime in the Brazilian legal system, but is it, in fact, being applied? Psychological violence is conduct that harms and disturbs the full development of women or that aims to degrade or control their actions. Hence the need to contemplate the Brazilian Penal Code, with an article (article 147-B of the CP, included by Law N.º 14.188/2021) that typifies psychological violence, excluding margins for appeals that disqualify illicit conduct related to this type of crime so that a legal institute can be made an instrument to delineate the conduct of human coexistence in a harmonious way in society. The objective was to present a discussion andits jurisprudential interpretation, in the light of the legal text, regarding the inclusion of article 147-B in the Brazilian Penal Code, which brings in its text psychological violence against women. The work was carried out through bibliographic research and analysis of judgments by the courts of justice. Sources such as books, scientific articles, laws, and judicial decisions were used to support the discussion on psychological violence against women and the inclusion of article 147-B in the Brazilian Penal Code. It is concluded that most women under some form of psychological violence in the environments of their personal relationships, often cannot distinguish this type of violence from a mere insult, when it becomes a daily violence and invisible to the eyes of society. Psychological violence and its effects on the process of investigation and analysis, the inertia of society and of the value judgment of the judiciary, generates a concept with a tendency to conformism of the violent conduct of men in relation to women, its impact directly reflects on the actions of society as a whole. If certain behaviors against women are not perceived as violence, then the results of actions in which people declare or denounce what they understand by violence can be compromised.