O problema do homicídio como reação à “tirania doméstica”

: distinção entre homicídio privilegiado e legítima defesa

Abstract

The present dissertation focuses on the cases of conjugal domestic violence, which, as statistics show, year after year, manifest a high incidence in Portuguese criminality, often with fatal outcomes. However, there are cases in which the woman victim of domestic violence perpetuated over several years, one day decides to defend herself against the aggressions she has suffered and, as a way of survival or to put an end to the “domestic tyranny”, decides to take her aggressor’s life. This leads us to question the legal-criminal framework to be given to the homicidal conduct of these women. Should the answer be based on the assertion of a defense under self-defense and, therefore, we have exclusion of the illegality of the fact and the murderer will be acquitted? Or, given the circumstances, is there a situation of excessive self defense, then will her guilt be mitigated or even excused? And, if these answers are not considered applicable to the case, would the homicidal conduct fall within the scope of privileged homicide, which provides for a mitigated sentence due to significantly diminished guilt? We intend to answer these questions in order to find the most appropriate criminal-legal solution to these cases.

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