A suspensão provisória do processo e a igualdade de género no crime de violência doméstica

Abstract

The report published on 27 May 2025 by the Council of Europe’s Group of Experts on Violence against Women and Domestic Violence acknowledges Portugal’s progress in combating violence against women but identifies deficiencies within the judicial system, particularly regarding the enforcement of penalties in cases of domestic violence. The report examines the institution of provisional suspension of proceedings and its application in domestic violence offences, highlighting concerns about its compliance with the principle of gender equality.

Provisional suspension of proceedings is a procedural mechanism that allows for the non-judicial resolution of less serious offences, promoting consensual and restorative outcomes. However, its application in domestic violence cases — serious offences with a significant impact on the dignity and integrity of victims — has attracted criticism, as it may lead to (re)victimisation and undermine prevention efforts.

Two critical reflections are presented concerning practical scenarios involving the application of this institution: the first relates to the validity of informal victim statements and the formal protection of the parties’ rights; the second concerns the unilateral revocation of the proposal by the Public Prosecutor’s Office, raising questions about its compatibility with the accused’s rights, namely the right to remain silent.

The article underscores the delicate balance between provisional suspension of proceedings and the gravity of domestic violence offences, emphasising the necessity of a careful assessment of the application of this mechanism, especially in cases involving multiple offences and where the public interest in preventing violence prevails.

Finally, the text discusses how the suspension and gender-related issues are safeguarded in accordance with the principles of legality, proportionality, and gender equality.