O homicídio como reação à tirania doméstica

: o homicídio privilegiado: a compreensível emoção violenta e o desespero

Abstract

This dissertation deals with cases of domestic violence and similar offences which, as statistical data shows, are very common in Portuguese society. Often, the outcome of this criminal offence is the death of the victim, who is usually female. However, there are situations in which a woman, who has been a victim of domestic violence for several years, decides to react to the aggression she has suffered and, in order to save herself, takes her husband's life. This is a reaction to ‘domestic tyranny’ that may raise some doubts as to its legal and criminal framework. On the one hand, the victim's actions could be considered self-defence, thus excluding the crime and consequently acquitting the murderer; as an excess of self-defence, resulting in a mitigation of guilt or even an excuse; or even as an excusing state of necessity, resulting in an excuse. On the other hand, privileged homicide may be applied, which provides for mitigation compared to the offence of simple homicide, and there is also the possibility of suspension of the execution of the prison sentence. We intend to analyse the possible legal solutions to these specific cases, and the solution to be applied must always be analysed on a case-by-case basis.

Date of Award	28 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)