Violência psicológica contra a mulher: desafios na condenação em juizados especializados na cidade de manaus (2023-2024).

Abstract

Psychological violence against women, recognized as a form of domestic and family violence by the Maria da Penha Law and criminalized under Article 147-B of the Penal Code, is a growing reality in the contemporary world, challenging laws and judicial practices. The judiciary, as an institution whose primary purpose is to guarantee human dignity, order, and the mitigation of inequalities, paradoxically reproduces exclusionary and patriarchal practices, perpetuating injustices. Despite legislative and constitutional achievements, institutions responsible for protection and public security still lack effective mechanisms capable of curbing violence and ensuring women their constitutional rights. The struggle to combat psychological violence perpetrated within the domestic and family environment remains a challenge in terms of confrontation and overcoming, mainly due to its silent and invisible nature. This study was grounded in the need to understand the obstacles in the process of convicting aggressors for psychological violence against women in the domestic and family context, which hinder the guarantee of the full enjoyment of women's rights. The discussion is articulated with the historical basis of women's legislative achievements, the culture of patriarchy, and the contributions of scholars, especially Pierre Bourdieu and Michel Foucault. In this regard, the specific objectives were to identify finalized first-instance cases of psychological violence against women adjudicated by the 5th and 6th Specialized Courts for Combating Domestic and Family Violence against Women at the Henoch Reis Courthouse, sentenced between January 2023 and October 2024, verifying the occurrence of convictions of this nature and analyzing the factors contained in the operative provisions and reasoning of the judgments. An analysis of a conviction judgment was presented as a parameter for comparison with the elements found in acquittal judgments. Accordingly, the study adopted a qualitative approach through the analysis of judgments involving psychological violence. Scientific articles, theses, and dissertations were also used as data collection instruments to support the analysis of the findings. Data analysis was conducted through Thematic Analysis, in dialogue with the theories of Pierre Bourdieu and Michel Foucault, enabling a better interpretation after correlating the data. As a result, an informational and awareness booklet on psychological violence was developed for women, particularly those under the jurisdiction of these courts, serving as a tool for awareness, information, and support for the prevention and confrontation of psychological violence in the domestic and family context. The relevance of the research lies in the importance of recognizing psychological violence as a crime and as an affront to women's dignity. Furthermore, the awareness and information provided to women through the booklet, combined with the existing protective mechanisms established by laws and judicial bodies, contribute to confronting this great evil that corrodes the human fabric.