Violência doméstica

: a exigência de coabitação em caso de vítimas vulneráveis: em particular os idosos

Abstract

The present paper takes as object of analysis the most recent change to article 152, No. 1, of the Penal Code, introduce by Law No. 57/2021, of 16 August, through which it became a crime of domestic violence the mistreatment committed against a minor who is descended from the aggressor, or of one of the persons referred to in paragraphs a), b) and c) of the same legal precept, even if there is no cohabitation. The addition of this paragraph, in the terms in which it is written, seems to constitute a dubious solution, since filling in the legal type continues to impose, in relation to the other vulnerable victims, cohabitation with the aggressor, so the investigation carried out intended to assess whether it was a good solution. Our study was divided into four parts. In the first part, we begin by exploring the legal framework of domestic violence crime, as well as the legislative developments, while also referring to the issues underlying the legal type. In the second part, we focused on the role of the victim in Criminal Law and Criminal Procedural Law, highlighting the concept of particularly vulnerable victim and, within this, that of vulnerability due to age. Next, we focused our attention on the requirement of cohabitation between aggressor and victim, mentioning the comparative law, and in the fourth part, we study article 152, No. 1, paragraph e), confronting it with the provision of paragraph d) of the same legal standard. This confrontation demonstrates that paragraph e) may have implemented a discriminatory and unconstitutional solution. Finally, we formulated some concluding remarks, in which we present a suggestion of legislative change to the crime of domestic violence that, in our view, it is imperative for the correct application of article 152, No. 1, of Penal Code, in practice.

Date of Award	15 Jun 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)