CRIME OF THREATS IN THE SCOPE OF DOMESTIC VIOLENCE: UNCONDITIONAL PUBLIC CRIMINAL ACTION AND ITS CONSEQUENCES

Abstract

The recent legislative change introduced by Law 14.994/2024, which transformed the crime of threats in the context of domestic violence into an unconditional public prosecution, sparked significant debate within Brazilian criminal law. This study aims to critically analyze the foundations and consequences of this regulatory change, examining its practical impacts on the criminal justice system. The research adopts a qualitative methodology, combining dogmatic analysis of legislation and specialized doctrine with documentary research. The results revealed that although the new regulatory change, inspired by the legitimate concern of breaking the cycle of domestic violence and preventing victims from retracting their actions out of fear, emotional dependence, or social pressure, ultimately substantiates some critical points, such as: the removal of women's decision-making autonomy; the weight of evidence attributed to the victim's word in crimes committed within the domestic and family sphere and the imposition of unconditional public prosecution; the increase in the number of police investigations and, consequently, criminal proceedings; the discouragement of victims from seeking help; and the weakening of Article 10 of the Criminal Procedure Code. 16 of the Maria da Penha Law. Therefore, it is understood that the discussion on unconditional public prosecution for the crime of threats in the context of domestic violence must be conducted in light of a balance between comprehensive protection and victim autonomy, preventing criminal policy against gender-based violence from silencing or discouraging those who most need state support.