The recognition of psychological violence by the Brazilian legal system as a mechanism to combat gender violence in Brazil

• Autor(a) principal: Adono da Silva, Juliana
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito e Sexualidade
• Texto Completo: https://periodicos.ufba.br/index.php/revdirsex/article/view/53515
• topic: Violência de gênero; Estudos de gênero; Lei Maria da Penha; Violência psicológica; Direitos das mulheres; Gender violence; gender studies; Maria da Penha Law; Psychological violence; Women's rights; Violencia de género; estudios de género; Ley Maria da Penha; Violencia psicológica; Derechos de las mujeres

Gender violence in Latin America has been historically fought by women politically organized in social movements with feminist agendas, as well as by the Academy itself, specifically in the field of gender studies. With this, the current legal system finds theoretical and political support in the field of gender studies and theories that dialogue with the specificities of gender violence due to social problems and class and race/ethnicity antagonisms present in Brazilian society. Based on such a theoretical and political structure that underlies the axes of gender violence located in Brazil, the current legal system formulates, through the Maria da Penha Law, the recognition of gender violence and its different forms of combat. However, only in 2018 was psychological violence recognized in this context as a gender and public order problem. In view of this, the present work seeks to demonstrate the recognition of psychological violence by the Brazilian legal system as a mechanism to face gender violence in Brazil, since it can be constituted, above all, as a legal framework for claiming women's rights by the different feminist movements. For that, a bibliographical research was carried out, based on primary and secondary sources of analysis. It is concluded that, based on the theories that underlie the field of gender studies (and gender violence itself), the juridical-legal recognition of psychological violence as a form of domestic and family violence against women is presented as legitimate mechanism to confront gender violence in Brazil.