A aplicação da forma sumária a processos de violência doméstica: algumas reflexões jurídico-criminológicas

Abstract

The merging and harmonizing of criminal procedural principles, guarantees, and purposes is a task that, in factual circumstances, may become entangled in a Gordian knot. When addressing the application of summary criminal proceedings to domestic violence, we are faced with a balancing act that must equilibrate the needs for procedural speed and the achievement of justice. In this legal-criminological context, and in order to contribute to the discovery of the objective truth, factual, legal, and evidentiary aspects must be taken into consideration, without neglecting the interests, guarantees, and protection of the victim of this type of crime, as well as those pertaining to the defendant himself. Here, we question the adequacy of these safeguards within the scope of summary proceedings, where procedural effectiveness and efficiency prevail.