O lugar de fala da mulher no crime de violência psicológica

Abstract

This research deals with the crime of psychological violence against women, typified by new Law 14,188 of July 28, 2021, which amended the Penal Code including article 147-B. More specifically, the probative value of the word of the victim regarding this new criminal conduct. The objective of the work is verify what place the woman's words have assumed, in the evidentiary context, in the regarding the crime of psychological violence. Through bibliographical research based on theses, scientific articles and other information on agency websites officials, as well as, giving due emphasis to feminist critical criminology. Furthermore, was also carried out through the inductive method, using documentary research, the which made it possible to analyze judicial appeals from the Court of Justice of the State of Rio Grande do Sul. Preliminarily, general aspects of the theoretical and historical construction of gender, aiming to understand the role played by women in society. Entering into the issue of gender violence and outlining a path to what has been achieved today, regarding public policies who defend women's rights. Subsequently, it was verified development of Criminal Law and Criminal Procedure, in view of criminology feminist critique, pointing out an analysis of the influence of patriarchy on penal institute. Furthermore, the means of evidence admitted in this sphere were discussed, more specifically, focusing on the victim's word as evidence in crimes which are configured in an intimate and private environment. Finally, it was observed through of TJRS appeals, specific cases involving the crime of violence psychological, in this situation, aiming at the result of a qualitative research, expressions associated with psychological violence and the word of victim as a means of proof, so that it could be understood in practice procedural what place the woman's word has assumed in the evidentiary context. After the analysis carried out in TJRS Appeals, it can be concluded through the collected data that the woman's word has assumed a prominent place as means of evidence, referring to the crime of psychological violence. In view of the fact that the criminal conduct is mostly practiced in an intimate and private context, so that there will hardly be a third party who could have seen it, and thus, witness the act performed.