ECONOMIC GENDER-BASED VIOLENCE: THE NEED FOR EFFECTIVE LEGAL AND PENAL ACTION; [ALÉM DA INVISIBILIDADE: VIOLÊNCIA ECONÔMICA DE GÊNERO E A NECESSIDADE DE UMA RESPOSTA JURÍDICO-PENAL]

Mejia Tadeo R.F.; Mendizábal Anticona W.J. · Revista Opiniao Juridica (2025) · DOI: 10.12662/2447-6641oj.v23i44.p113-131.2025

Resumen

Objective: This article examines the need to establish economic gender-based violence (EGV) as a separate offense in the Peruvian Penal Code. It considers the elements of EGV, its consequences for women, and the experiences of other legal systems to propose legal reforms ensuring effective victim protection. Methodology: This qualitative and descriptive study combines a literature review, a hermeneutic analysis of Peruvian legal norms, and a comparative analysis of international and Latin American legislation on EGV. Results: The findings reveal significant variability in the legal classification of EGV internationally, with some jurisdictions recognizing it as a distinct offense while others exhibit legal gaps. In Peru, an inconsistency is identified between the acknowledgment of EGV in existing legislation and the lack of specific penal provisions. Conclusion: The absence of a separate legal category for EGV leads to judicial invisibility and hinders the protection of women. The article proposes legal reforms to precisely define the offense, establish appropriate sanctions, and integrate comprehensive public policies for prevention and victim support.

Instituciones: Universidad César Vallejo