Violência psicológica contra a mulher em âmbito doméstico e familiar: uma análise da força probatória da palavra da vítima

Abstract

The research aims to explore, among the forms of domestic violence, the psychological violence against women. Considering the inclusion of this offense in Brazil's legal system in 2021, the objective is to verify the probative force of the victim's testimony, understanding the adversities faced by women in identifying criminal conduct within the domestic and family environment. The justification lies in the social relevance of the topic, given that the crime under examination was only included in the Brazilian Penal Code 03 (three) years ago, emphasizing the necessity of a specific study on the subject. Using the hypothetical-deductive approach method, monographic procedure, as well as bibliographic and documentary investigation techniques related to the bibliographic review of works published in databases available on internet, as well as Criminal Law works, and analysis of recent judgments from some Brazilian courts, it was noted that, in the domestic and family sphere, the victim's testimony is endowed with special significance, as offenses generally occur without the presence of witnesses. Regarding psychological violence against women, as this is a crime that leaves no physical traces on the bodies of the victims, the narrative of the offended party is extremely relevant for proving the criminal nature of the act. Furthermore, it is observed that there is a tendency to consider the expert report as dispensable, and the conviction of the crime in question can be supported by other probative elements, which reinforces the relevance of the victim's testimony.