O crime de homicídio em contexto de violência doméstica

: seu enquadramento jurídico

Abstract

Domestic violence, particularly violence committed in a marital or similar relationship, ends up, sometimes, culminating in the murder of one of the parties, as a result of a cycle of atrocious experiences. This homicide can, thus, lead to the death of the victim or the death of the aggressor at the hands of the victim (in this case, almost always driven by a feeling of despair). When we end up witnessing such an outcome, we must be aware that we are, on the one hand, facing a failure of the community and, on the other, a failure (or an insufficiency) of the state’s mechanisms of early intervention. In the face of the apparent existence of doubts in the penal legal system, regarding the convictions of homicides under discussion, it is justified to reflect on the topic we propose: the framework of homicide in the context of domestic violence in our legal system. In our reflection, it will be questioned, for this reason, to what extent we can invoke the figures of: self-defense (including, the preventive) or privileged homicide in relation to the victim.

Date of Award	30 Sept 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)