The crime of domestic violence carries a maximum sentence of five years in prison, noted the president of the ASJP, emphasizing that penalties up to five years can be substituted with alternative sentences. He suggested that there are cases where the current maximum penalty may be inadequate.
As an example, Nuno Matos referenced scenarios where an individual experiences physical, psychological, and economic violence “over one or two years.”
“For such severe situations, the legal framework might be slightly misaligned. This warrants discussion as laws are not unchangeable. Such discussions should be approached with calm and consideration. I acknowledge that changes could occur,” stated the president of the ASJP.
The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) of the Council of Europe urged Portugal to enforce mandatory training for judges to combat “lenient and disproportionate penalties” in cases of domestic and sexual violence.
Regarding sexual violence, Nuno Matos noted he does not have a “generalized perception” of the penalties being lenient, stressing that sentencing is contingent on the evidence presented during trials.
The union leader highlighted that domestic violence is already included in the mandatory initial training for magistrates at the Center for Judicial Studies and expressed openness to its inclusion in ongoing career training.
The GREVIO report also suggests the need to “combat patriarchal attitudes still present in some members of the judiciary, who prioritize family unity at the expense of victims’ rights.”
Talking to Lusa, the president of the ASJP acknowledged such instances but argued they do not represent “the majority of decisions.”
“The [report] does not impose a blanket criticism on the entire justice system and all magistrates: it outlines that there are isolated cases. There is room for everything: for good and bad decisions, as this also constitutes human justice, justice by and for people, subject to mistakes or less positive days,” he maintained.
The Istanbul Convention is the common name for the Council of Europe Convention on preventing and combating violence against women and domestic violence.
This international treaty aims to protect women against all forms of violence and discrimination, which Portugal ratified in 2013.
