A mãe-vítima omissa : uma investigação sobre a (in)viabilidade da responsabilização penal no contexto da violência doméstica

Abstract

This study, developed using the deductive method and through a bibliographic review, aims to investigate the legal feasibility of criminal liability for the mother-victim due to legally relevant omission in cases of domestic violence against her children. The research examines whether it is technically possible to attribute the criminal outcome to a woman who simultaneously occupies the position of guarantor and victim within a structural cycle of violence. It further discusses how patriarchy and the myth of omnipotent motherhood shape social expectations of protection that disregard power asymmetries and the psychological impacts experienced by the mother herself. Methodologically, the investigation is grounded in the Theory of Objective Imputation, integrated with the guidelines of the CNJ Protocol for Trials with a Gender Perspective, examining requirements such as the causal link of preventability, the physical capacity to act, and the cognizability of danger in light of the material limitations imposed by the violent context. Finally, culpability is analyzed, concluding that criminal liability should be excluded or mitigated when structural vulnerability and coercive control render the requirement of alternative conduct unsustainable, thereby preventing the double victimization of the woman.