PSYCHOLOGICAL VIOLENCE AGAINST WOMEN: INTERSECTIONS BETWEEN THE PENAL CODE AND THE MARIA DA PENHA LAW IN COMBATING DOMESTIC AND FAMILY VIOLENCE

Abstract

Psychological violence against women is one of the most insidious and devastating forms of abuse, often invisible and neglected, but with a major impact on the mental health and well-being of victims. It is characterized by actions that aim to diminish, control, humiliate or manipulate women, generating profound effects, such as loss of self-esteem, feelings of impotence and social isolation. In Brazil, legislation has evolved to provide a more effective response to domestic violence. In 2021, Law No. 14,188/2021 brought an important advance by criminalizing psychological violence, defining it as an act that causes harm. In 2024, Law No. 14,994/2024 further improved this protection, expanding the definition and ensuring more effective measures of the protective measures provided for in the Maria da Penha Law. However, a persistent challenge is the effective application of this protection in the context of psychological violence, which often leaves no physical signs, making identification and the process of holding the aggressor accountable. Therefore, the main objective of this study is to analyze how the Penal Code and the Maria da Penha Law guarantee the protection of women victims of psychological violence, given the gaps in current legislation. The method used in the research was bibliographic, through studies of scientific articles, theses, monographs, laws and jurisprudence, using a deductive approach. This made it possible to search for information where the expected result was that the protection of women victims of psychological violence cannot be treated in isolation, but as part of a collective effort for social transformation, which must involve changing cultural behaviors and combating the stigma associated with psychological suffering. In this way, the effectiveness of laws will be achieved when there is a multidimensional approach, which combines the punishment of aggressors with the reconstruction of the victims' lives, the prevention of future abuses and the elimination of obstacles such as social silence and the difficulty of collecting evidence.