THE INVISIBILITY OF PSYCHOLOGICAL VIOLENCE AGAINST WOMEN: EVIDENTIARY CHALLENGES AND EFFECTIVENESS OF CRIMINAL PROTECTION

Abstract

Psychological violence against women is a form of human rights violation that often remains invisible because it leaves no physical marks and abusive behaviors are normalized in social relationships. This article aims to analyze the development of legal protection for women in Brazil, the elements of the offense established in Article 147-B of the Penal Code, and the social, institutional, and evidentiary barriers that hinder the recognition of and response to this form of violence. The study adopts a qualitative approach with exploratory and descriptive objectives and is based on bibliographic and documentary research, including an analysis of the 1988 Federal Constitution, the Maria da Penha Law, Law No. 14,188/2021, legal scholarship, case law, and institutional materials. It examines how the invisibility of emotional harm, the normalization of abusive behavior, and limitations in specialized services may undermine effective legal protection. It also analyzes the relevance of the victim’s testimony, available means of evidence, and the need to assess evidentiary elements collectively while respecting the fundamental guarantees of criminal proceedings. The findings indicate that criminalization is an important step, but cannot, by itself, ensure effective protection. Addressing psychological violence requires professional training, appropriate service and assessment protocols, stronger support networks, preventive public policies, and investigative practices suited to the nature of this form of violence.