A mãe monstro (?)

: reflexões sobre o crime de infanticídio

Abstract

The present dissertation focuses on the crime of infanticide, foreseen and punished by article 136 of the Penal Code. Since it is a legal type that raises different questions, we have reduced the scope of our investigation to three subjects: the concept of disruptive influence of childbirth; the (lack of) Expert Evidence; and Law and Gender issues. This dissertation begins with a brief review of the legal history of infanticide in Portugal, followed by a deeper examination of the elements that make up its typology. Afterwards, it focuses on Portuguese jurisprudential decisions in recent years and how the crime of infanticide is (not) being applied. Then, it seeks to arrive at an unambiguous concept of disruptive influence of childbirth, highlighting the importance of expert evidence as a means of proof. Through the elaboration of interviews with different intervening parties, in an attempt to get closer to reality, this dissertation seeks to provide new elements for the correct reading of this legal provision. And, finally, it highlights the problems that the latest court decisions reveal in terms of Law and Gender. The aim of this work is essentially to highlight a reality that, despite being current, is reflected in a misinterpreted and dormant legal type and to provide new elements for future judicial decisions.

Date of Award	11 Jul 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sandra Tavares (Supervisor)