A exposição de menores à violência doméstica no código penal português

: crime autónomo ou mera agravação?

Abstract

The present paper focuses on the legal framework of the issue of minors' exposure to domestic violence, leading us to reflect on whether this circumstance should constitute an autonomous crime or rather a mere aggravation. For this purpose, we will proceed to analyze the legal type of domestic violence (Article 152 of the Penal Code), as it is currently enshrined, as well as the legislative options that have been adopted in the context of this issue, making particular reference to the legislative amendments introduced by Law No. 57/2021, of 16/08, which have assumed substantial importance regarding this topic by considering that children who witness domestic violence are themselves victims of this crime. However, this remains a contentious issue, notably at the level of our jurisprudence, which tends, mostly, not to consider these children as true victims in its decisions, leading us to question the practical effect of the legislative changes recently introduced. In light of the above, we intend to discuss potential solutions to enhance the current legal approach and to adapt it more realistically to the needs that arise. An effective change of paradigm is urgently needed so that children exposed to the crime of domestic violence cease to assume the role of "hidden victims".

Date of Award	18 Sept 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)