Violência doméstica e concurso homogéneo

• Autor(a) principal: Schneeberger, Verena
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/19151
• topic: Violência Doméstica; Maus Tratos; Concurso Aparente;; Concurso Heterogéneo; Reiteração; Concurso Homogéneo; Acto Isolado; Domestic Violence; Mistreatment; Apparent; Concursus; Homogeneous "concursus"; Reiteration; Isolated Act; Direito

Social tolerance towards domestic violence, a transversal issue across societies, has declined significantly in recent times grounded on long discussions. The Portuguese legislator has demonstrated a growing concern about the phenomenon of domestic violence: by expanding the protection of the victims and focusing on measures to prevent and eradicate this crime. However, domestic violence remains a current and relevant public phenomenon, with personal and social consequences, which deserves to be exhaustively studied, as this unlawful act affects the entire society. The crime of domestic violence may materialise itself in different (...). descausing problems of heterogeneous (...) of crimes of domestic violence. However, in the judicial practice, the judge has consistently sentenced the offender to a single crime of domestic violence. The judge m y (...) domestic violence. The justice does not distinguish situations where there is repetition of mistreatment from a single especially onerous act or several especially grievous isolated acts of mistreatment, spaced in time or numerous separable reiteration from each other. The offender is always punished for one single crime, independently of having repeatedly maltreated the victim or having performed a single particularly serious act. For this reason, and for reasons of material justice, it is imperative to analyse the crime of domestic violence and the possibility of the offender being sentenced for a plurality of crimes of domestic violence. This is the reality we intend to study. The aim of this paper is to find (...) domestic violence. The phenomenon of domestic violence is in fact an old problem that demands new answers. This dissertation will seek to establish some of those answers.