Violência Vicária: Uma análise sob a ótica da Lei Maria da Penha e do Código Penal Brasileiro

Abstract

This study aims to analyze vicarious violence, a form of violence against women through the indirect use of children to cause emotional harm to the victim, restricting the analysis to criminal protection. This form manifests itself through the use of minor children as a means for the aggressor to maintain control over the victim, affecting her even after the end of the intimate relationship. The Maria da Penha Law, created to combat violence against women, lists some of the most frequent forms of domestic and family violence; however, vicarious violence is not expressly provided for in law. Because it is not covered by Brazilian legislation, vicarious violence is invisible to society and legislators, even though it has a significant impact on the lives of its victims. The methodology used in this study was a literature review based on academic articles, doctrines, legal provisions of Brazilian legislation, and content relevant to the topic. The result was that, although vicarious violence is not directly addressed by Brazilian law, the Penal Code is used in a subsidiary manner to punish perpetrators, and Law 11,340/2006 applies protective measures. Noteworthy are bills n°. 3,880/2024 and 2,767/2025 on the subject, which will be the subject of observations on the legislative adequacy for the prevention and punishment of vicarious violence. Based on research on the subject, it was concluded that little is said about vicarious violence. Manifestations of this violence remain hidden in the domestic context in which they are committed, weakening the protection of victims due to the absence of specific regulations and highlighting the need to fill the gap in Brazilian legislation.