Uma análise da constitucionalidade do novo crime de violência psicológica contra a mulher – Art. 147-B do Código Penal

Abstract

The present research aims to investigate the constitutionality of the crime of psychological violence against women, typified in art. 147-B of the Penal Code, especially in light of the constitutional principles of equality, both in its formal and material dimension, and legality, as well as its corollaries in Criminal Law. For this, the methodological procedure of bibliographic research was used, investigating primary and secondary sources, for the analysis of statistical data, especially regarding rates of psychological violence, its difference between men and women, and inspect the doctrinal views regarding the constitutional principles and the criminal type analyzed. We conclude that art. 147-B of the Penal Code ends up violating the principle of equality, since statistically there is no great disparity in the rates of psychological violence between men and women, and in fact, recent studies shows that in many cases men are the biggest victims of this type of violence, and so that the discrimination contained in the text of the crime is unfounded, therefore there's no positive discrimination. In addition, the art. 147-B also violates the principle of legality, since due to the great indeterminacy contained in its text, it would end up giving wide scope of interpretation to law enforcers, favoring arbitrariness on the part of the State.