Regulation and exercise of parental responsibilities in the context of domestic violence: practical and critical analysis | 2017

Author(s) Sara Carneiro Rodrigues Miguel
Advisor(s) Margarida Santos
Year 2017

Synopsis Through the present work carried out within the scope of the Master’s Degree in Children, Family and Succession Law at the University of Minho School of Law, the author proposes to analyze the (possible) conciliation between the phenomenon of domestic violence and the regulation of the exercise of parental responsibilities, guiding the approach that she makes by her practice as a magistrate of the Public Prosecution Service and, in particular, with the theoretical and procedural experience that she drew from her almost exclusive dedication for two years to the investigation of this crime. It was decided to initiate this analysis with an approach to the crime of domestic violence and its legislative evolution, applicable main and accessory penalties and measures of coercion and other measures of protection of the victim within the reach of the magistrates of the Public Prosecutor and Judicial. A critical study of recent legislative changes in the field of civil protection measures was then followed, specifically the revocation of the Guardianship Organization of Minors operated by the General Regime of the Civil Guardianship Process, identifying the issues that, in judicial practice may arise from the application of this new set of rules. Moving to the level of substantive law, the author analyzes the criteria that in the judicial practice mainly govern the decisions of Regulation of Parental Responsibilities, and the specifics of the decisions to be taken in this matter in a context of domestic violence. In this last analytical exercise, this work is approached from a doctrinal and jurisprudential point of view, conciliation of the enforcement of coercion measures and / or ancillary penalty (mainly removal and prohibition of contacts) with the exercise of parental responsibilities (regime and execution of visits; joint exercise of parental responsibilities).

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2018-07-24T16:00:43+00:00