Política criminal brasileira e racionalidade penal moderna: análise do contexto sociopolítico da edição da lei de violência psicológica contra a mulher

Abstract

The present study seeks to reflect on the progression of Bill 14.188/21—based on Modern Penal Rationality, penal populism, and the sociology of punishment—in order to assess whether political pressure was exerted by society, academia, or social movements, as well as to analyze how Parliament behaved regarding the legislative process related to the selected criminal classification and its corresponding penalty. The adopted methodology was content analysis of parliamentary debates concerning the law on psychological violence against women and the construction of its new criminal classification, along with documentary investigation of materials from Congress and the Executive Branch related to the bill. It was possible to observe the manifestation of Modern Penal Rationality and Penal Populism, as the debate was centered on criminalization, paying little attention to its possible negative effects or to alternative measures beyond criminal law to protect the related legal interests. The emphasis was notably placed on steering the criminalization discourse for electoral purposes.