Entre Azkaban e a Lei Maria da Penha: a maldição “Imperius” e a violência psicológica no direito brasileiro
This research analyzes the theoretical, legislative and jurisprudential aspects of the institute of “psychological violence” in domestic relationships, using as a device the correlation between law and fiction, through the analogy drawn with the literary universe developed in the “Harry Potter” saga...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/57800 |
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| Resumo: | This research analyzes the theoretical, legislative and jurisprudential aspects of the institute of “psychological violence” in domestic relationships, using as a device the correlation between law and fiction, through the analogy drawn with the literary universe developed in the “Harry Potter” saga, specifically the “Imperius” curse, which refers to mental manipulation. The objectives pursued are to understand how the Brazilian legal system addresses the object of psychological violence and to recognize the sociocultural context of the phenomenon of psychological violence in marital relationships. For this purpose, exploratory bibliographic review, documentary research and legislative analysis are used. Maria da Penha Law, brazilian Penal Code and subsidiary legislation on the subject of psychological violence are basic apparatus for the research, as well as authors who help to understand the psychological, cultural and social aspects of this type of aggression. The empirical bias of the work consists on research and quantitative and qualitative analysis of Court of Justice of Rio Grande do Norte (TJ/RN) and brazilian Superior Court of Justice (STJ) jurisprudences on the subject. It is concluded that laws Maria da Penha and 14.188/21 constitute important devices in combating domestic gender violence, however, improvements are still necessary, since the protection of women victims of psychological violence is in practice still fragile in its consistency, with insufficient tools and processes. |
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