Violência doméstica e punibilidade: reflexões a partir das contribuições da psicopatologia, psicanálise e criminologia clínica

Abstract

The actual project research had as an objective, bring reflections about factors that involve domestic violence in a psychology perspective. Therefore, it was resear- ched, at first, the historical roots in violence against women, proving that this kind of violence has roots in sexism and patriarchy. It was also researched, evidence psychological facts, psychopatho- logical and psychoanalytic are also presented in domestic violence, highlighting that these factors are already being debated in other countries, for instance US and Spain, but, in Brazil, few or al- most nothing is said about, having in mind an empire of an ideological view, largely disseminated by media, that puts the woman in a victimized position and the man as a potential aggressor, diffi- culting, accordingly, any public politics precautions in relation to domestic violence that aren’t based on the deconstruction of sexism and patriarchy. Besides that, the work followed a reflection about the legal speech presented in Brazil that supposes that the complex problem about domestic violence will be solved only by penalty application. Based on theoretical Freudian contributions and psychopathology, it was possible to question this legal speech that, in the case of violence aga- inst women, stands in society as the main function to indicate an aggressor/victim binary relation- ship clearly outlined, where the woman is seen as a victim of an unfavorable condition and worthy of a specific legal assistance and the man is seen as an unquestionable aggressor which must be put under the severity of Law, all of this without even the psychological evaluation that is needed. Las- tly, the present presents analysis of collected statements in appointments to the victims of domestic violence, in which point out psychopathological aspects, as it was accomplished in two cases of domestic violence, the first one related to unconscious masochism and the second related to a triple murder in which the autor, through psychiatric and psychological expertise was diagnosed with paranoid personality disorder and alcohol addiction, although the mental insanity incident hasn’t being welcomed by the jury court.