Opinion (Rogério COPETO / Official GNR): JUDICIAL DECISIONS IN DOMESTIC VIOLENCE CASES.
Probably the only good thing about the infamous "Judgment of Appeal of Porto", authored by Neto Judge Moura and Maria Luisa Arantes, It was to have put on the agenda the issue of judicial decisions in domestic violence cases (CEO).
Rogério COPETO
Lieutenant Colonel of the GNR
Master in Law and Security and Homeland Security Auditor
Head of the Education Division / Command Doctrine and Training
Tal como eu, muitas foram as pessoas que não acreditaram da veracidade do referido acórdão, quando começou circular pelas redes sociais e a acumular Emoji de tristeza 🙁 e de surpresa 😮, e que aqui nos escusamos de transcrever.
Mas bastou uma consulta ao artigo do Jornal de Notícias de 22 October with the title "Judge excuse domestic violence with woman's adultery", to realize that the judgment was true and apologized two perpetrators of a woman, both by this brought, ex-husband and ex-lover, respectively, to be adulterous, having immediately emerged a wave of outrage on Facebook, which included profile pictures, with the expression "I am an adulteress".
That news was replicated thousands of times and indignation reached all organizations and entities that deal with VD, which they have expressed their distaste for the argumentative content of the judgment, where even the executive was manifested, first through the Secretary of State for Citizenship and Equality, Rosa Lopes Monteiro, who declared his astonishment, even agreeing to all critical events on the content of the document, and then the Minister of Justice, Francisca Van Dunem, stating that "a case does the system", still having the President, Marcelo Rebelo de Sousa expressed their opinion on the subject, He realized as the I 25 October in the article "Marcelo on controversial judgment: "All agencies must comply with the Constitution of 1976".
Criticism that the Secretary of State for Citizenship and Equality concerns came from everywhere, as, of Women Alternative and Response Union (UMAR), what about the judgment said to be "a way of thinking that is outdated and is retrograde, with value judgments and moralizing that are not ours and we should already have been exceeded", the Association for Victim Support (APAV), stating that the decision reflects "Total lag due to the current reality and face to a society that is fortunately much less tolerant of violence", Amnesty International, considered that the judgment "violator of international obligations to which Portugal is bound", that the Church He regretted the use of the Bible in the grounds of judgment, dthe Association for Juspsicológica Intervention (AIJ), considered that the judgment "a gross violation of fundamental human rights and human dignity", the Association of Women Lawyers (AMJ) who recalled that "courts must promote gender equality", Bar Association (TO) which reported that Judge "You may not have the minimum conditions"To return to judge domestic violence and the Chief Justice that"He urged caution judges in language".
But despite so much challenge the prosecution could not appeal the decision, with the Attorney General of the Republic informed that the decision handed down "It is not subject to appeal", but may be opened disciplinary proceedings to the judges by the Supreme Council of Magistracy.
Also the anonymous citizens wanted to give account of their dissatisfaction with the judgment of the content, where the Democratic Women's Movement (MDM) took highlight, to make a complaint to the Ombudsman, yet it has been marked and held protest demonstrations against the judgment, whose controversy also echoed in the international press, where the subject was published by the European channel Euronews, the British agency Reuters and by Guardian.
In addition to the demonstrations and complaints, It was also carried out the usual "Petition", whenever people are angry, according to the newspaper account News 25 October in the article "More than five thousand people signed the petition against the judgment quoting the Bible".
And during the end-of-week we were all to know through the RTP part, of 28 October, with the title "Judge Moura Neto says that the judgment was intentionally misrepresented", the Judge Moura Neto "It is against domestic violence and being intentionally misrepresented” e a Juiz Maria Luiza Arantes "He has admitted to some colleagues who have not read the entire controversial judgment".
Finally to refer that Commission for Citizenship and Gender Equality (CIG) issued a statement, on 26 October, entitled "Statement on the judgment of the Porto Court of Appeal in a case of domestic violence", which states that "there is not, the legally, competence to take any initiative"Can not"make the opening process any disciplinary", despite having received 55 citizens / citizen complaints, "You can not fail to express its concern at the content of the said Judgment".
As mentioned, beyond the general indignation that the judgment caused, also brought the subject of judicial decisions in VD process for public discussion, whose subject deserves deep thought, by all civil society, can a study called "Domestic Violence: evaluative study of judgments", published this month by the IGC, designed by the Center for Social Studies, University of Coimbra, under the Permanent Observatory for Portuguese Justice, help this reflection.
About the study, Conceição Gomes, one of its authors, He gave the Daily News an interview on 30 October, which was published under the title "It is a judgment of a collective. There was discussion?", which states that "afeathers on 20% processes were sentence and 70 only seven convictions corresponded to prison", It concluded further that "that there is a devaluation of the fault and that the narratives of the courts denote absence of thorough and systematic reflection, allowing greater permeabilization the dominant discourses".
Reading a chapter of the conclusions and recommendations "Domestic Violence: evaluative study of judgments", published by CIG, it turns out that one of the recurring recommendations is the development of more training actions directed at judges, so while in GNR training needs focus on the 1st line, ie the military that first contact with the RV occurrences, with regard to justice are the 2nd line which require such training.
