O crime de violência doméstica

: análise crítica relativamente à proteção das vítimas vulneráveis

Abstract

The object of this dissertation is to analyze article 152/1 d) and e) of the Criminal Code, with a critical analysis of the protection of vulnerable victims. Law 57/2021 brought some changes, one of which was the addition of al. e) to article 152/1 of the Criminal Code, which meant that for minors, cohabitation was no longer a necessary prerequisite for the crime of domestic violence. However, this change for minors has not been extended to other vulnerable victims, who are still included in Article 152/1(d) of the Criminal Code, and for whom cohabitation is still a prerequisite. I will therefore analyze the extent to which this change in the law does not lead to conflicts of inequality before the law with regard to the protection of vulnerable victims. I will also analyze the issue of the need for proof of incapacity with regard to vulnerable victims, which once again excludes minors. This work is divided into two main parts, both subdivided into multiple subtopics. Firstly, I will cover more introductory concepts, the legislative evolution of the crime and its legal framework, in order to facilitate the perception of the work as a whole. Secondly, I will address the aforementioned issues related to the problem of violating the equal treatment of vulnerable victims and the problems that arise from this. In this way, the analysis made in this dissertation aims to understand whether the current legal solutions are well structured, or whether they constitute discriminatory and unconstitutional solutions.

Date of Award	18 Sept 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)