A violência sexual nas relações de intimidade

: o problema do concurso entre o crime de violência doméstica e o crime de violação

Abstract

The present dissertation aims at a critical analysis of the problematic of the punishment that should be given to the agent who with his conduct simultaneously fills the crime of domestic violence typified in art. 152 of the Portuguese Penal Code and, also, the crime of rape typified in art. 164 of the same code. If, on the one hand, there are jurisprudential decisions that consider that there is an apparent concurrent crime, on the other hand, there are also majority decisions that consider that there is an effective concurrent crime, under penalty of the special relationship between the perpetrator and the victim being disregarded. Thus, we will start by making the social and legal framing of domestic violence as a phenomenon. Afterwards we will proceed to a general contextualization of the issue of unity and plurality of crimes and finally to the application of this same issue to the specific situation we proposed to analyze: the problem of the concurrent crime of domestic violence and the crime of rape.

Date of Award	12 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)