O silêncio da testemunha-vítima de violência doméstica

: análise ao artigo 134.º do CPP

Abstract

This dissertation aims to analyze the evidentiary challenges that arise in the case of crimes of domestic violence (provided for and punishable by article 152º of the Penal Code), more specifically when the evidentiary obstacles arise from the silence of the witnesses-victims of domestic violence who simultaneously have one of the relationships listed in article 134º of the Code of Criminal Procedure with the defendant. Our study will focus on analyzing the aforementioned rule, article 134º of the Code of Criminal Procedure, reflecting on its foundations, as well as carrying out a critical analysis of its current legal wording. We will explore Bill nº 1148/XII/4.ª, the aim of which was to prohibit domestic violence victim-witnesses from using article 134º of the Code of Criminal Procedure. Furthermore, we will dedicate a few lines to analyzing the legislation in force in other legal systems in relation to the silence of victim-witnesses of domestic violence. Ultimately, we will conclude by discussing what we believe to be the most viable solutions for overcoming the evidential obstacles arising from the use of article 134º of the Code of Criminal Procedure by victim-witnesses of domestic violence.

Date of Award	22 Jul 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)