Sleeping with the Enemy: Psychic Violence Against Women and Insufficient Protection by the Brazilian Law

Abstract

Due to their vulnerability and to the dignity principle of the human person, women are specifically protected in (a) International Treaties and Agreements; (b) the 1988 Brazilian Constitution; (c) Law 11340/2006 known as Maria da Penha Law. However, a mere declaration of rights is not immediately sufficient to change the violent culture against women within the home. Violence may be perceived through attitudes that violate women’s psychic and physical integrity. Violence against women has a trans-generation behavior since the victim’s children may perpetuate such a trait in the future. Although Brazilian law is highly strict, violence against women is a still current occurrence, as recent research on the subject testifies. The above-mentioned law released psychic violence from the criminal stance but judges harsher physical harassment against women. Due to escalating violence against women, the State’s intervention is required through penal law to incriminate psychic violence and thus the interruption of the violence cycle prior to the physical and fatal aggressions against women. The right of not being the object of violence will be effective worldwide when a change of mentality occurs and society takes a strict stance on the subject. This depends on effective political policies of prevention and the punishment of aggressors.