A VIOLÊNCIA VICÁRIA CONTRA A MULHER: A INSTRUMENTALIZAÇÃO DE TERCEIROS COMO ESTRATÉGIA DE CONTROLE E OS DESAFIOS DA PROTEÇÃO ESTATAL NO SISTEMA DE JUSTIÇA BRASILEIRO

Abstract

This article analyzes vicarious violence as one of the most complex and sophisticated manifestations of gender-based violence within the domestic and family sphere. Conceptualized by psychologist Sonia Vaccaro, this form of abuse is characterized by the instrumentalization of third parties with the purpose of inflicting psychological suffering upon women, particularly in contexts of marital or relationship breakdown. Through a deductive method and bibliographic research, the study investigates how the Brazilian justice system, still permeated by patriarchal structures, tends to render this practice invisible by framing it merely as a family conflict or parental alienation. The article examines the current legal framework, with particular emphasis on the Maria da Penha Law, Law No. 14,713/2023, and the recent Law No. 15,384/2026, which expressly incorporated vicarious violence into the legal system and established the crime of vicaricide. It concludes that, despite legislative advances and the gradual recognition of this phenomenon in case law, significant obstacles remain in identifying and combating this form of violence, especially due to its indirect nature and the evidentiary challenges involved. Therefore, the effective incorporation of a gender perspective is essential to ensure the comprehensive protection of women and their affective bonds.