A Lei da Violência Institucional e o efeito simbólico do direito penal

The purpose of this article is to reflect on the symbolic effect of Law 14.321/2022 – the Law on Institutional Violence – and to demonstrate the flaws in its symbolic application in order to understand the impact of symbolic criminal norms regarding institutional violence. It studies the trajectory ofthe penal system in defense of women’s rights, particularly gender-based violence. The approach used in the research is supported by the deductive method, employing bibliographic, documentary, and analysis of previous studies conducted by the author. The results indicate that institutional violence against women is a reality present both in social everyday life and within institutions, including those that have the duty to protect human rights, such as the judiciary. However, this violence often remains invisible,appearing in the news only sporadically as extraordinary events. This highlights the urgent need to promote effective discussions, reflections, and the demand for concrete actions by institutions. Furthermore, it is crucial to foster academic, social, and institutional debates aimed at changing behaviors rooted in a patriarchal society, rather than creating new symbolic legislation that, due to its ineffective application, generates insecurity in society anddoes not reduce crime or gender-based violence.