Reflections on psychological violence against women

perspectives on the criminal protection disciplined by Law No. 14,188/2021

Abstract

Knowing that psychological violence against women has disastrous and destructive consequences for its victims, flagrantly violating their fundamental rights, this paper addresses this issue  within the scope of Law No. 14,188/2021, which included the Article 147-B in the Penal Code to typify this kind of conduct as a crime. By applying the  bibliographic research methodology with a qualitative approach, the scope of this  paper is to reflect  on the perspectives of  criminal protection  regulated by the new legislation, without losing sight of the questioning about the need for a global approach to break the perverse vicious cycle of violence perpetrated against women in Brazil. To this end, we initially present the treatment of the matter before the enactment of the recent legislative change.  Then, we  specifically examine the terms of the inclusion of article 147-B in the Penal Code, with the purpose of verifying the main aspects related to the subject of the crime, to the list of conducts, and to the proof of the emotional damage. Indeed, the objective of this discussion is to understand how the criminalization of psychological violence collaborates with the search for integral protection of women. From this point of view, it is imperative to recognize that the issue is extremely wide-ranging and depends on various fronts of action, without in any way undervaluing the legislative initiative of the criminal typification  instituted by Law 14.188/2021, which is also an important milestone. However, certainly,  this typification cannot be seen as an isolated measure, being primordial to instrumentalize other effective public policies for a real valorization of women in all fields and environments, in order to overcome historical and cultural stereotypes rooted. Therefore, in addition to the actions of the state apparatus, society  must also play a leading role in this paradigm shift, with an ethical and active commitment, so that women are effectively guaranteed the fundamental human rights of a free and dignified life, overcoming their ancestral victimization by discrimination, violence, and exclusion in the family, state, and social spheres.