O crime de violação

: análise crítica da postura desculpabilizadora do agressor patente nas decisões judiciais portuguesas : a clemência de Poseidon

Abstract

The fundamental aim of the following dissertation is the study of the crime of rape, with the aim of highlighting the excusing tendencies of the aggressor's conduct in Portuguese judicial decisions. We will start this exhibition by tracing the historical-evolutionary path of the legal provision (article 164 of the Penal Code), giving a special emphasis on the gender issues involving it; we will analyze, albeit briefly, the illicit itself, seeking to clarify, not only the conducts that typify the crime, but also other problematics that surround the legal type, without forgetting the legal and extralegal factors that condition the decision-making of the courts. We hope that the present dissertation will serve as a warning as to the power that Law can (and should) have in the eradication of gender inequality, driving the necessary change and triggering the awareness that the decision-making, in this type of matter, based exclusively on the judge's personal beliefs, reflects a real problem of a social, political and legal order, which should appeal to everyone.

Date of Award	18 Jul 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)