GENDER, HUMAN RIGHTS AND THE PORTUGUESE JUSTICE SYSTEM A CRIMINOLOGICAL ANALYSIS AROUND THE “NETO DE MOURA” CASE STUDY

Abstract

Currently, Human Rights continue to deserve reflection as it is generally accepted as an essential
thing for all human beings. Within this problematic, gender issue becomes relevant, mainly in relation
to the promotion of equal rights, and especially when these issues stand out within the scope of the
justice system. During the last recent years, research on gender and the justice system has increased
significantly, demonstrating, among other things, that judges play a crucial role in the perpetuation of
myths and stereotypes. Within the scope of domestic violence, gender stereotypes continue to have
a strong presence in judicial decisions and have influenced the way judges apply the law. The
devaluation of victim, its blaming, and even less severe punishment seems to be frequent in this kind
of court decisions. Regarding the Portuguese justice system and taking into account a controversial
court decision from 2017, deeply known as the “Neto de Moura” case, this article analyzes, under a
Human Rights perspective, those decision, examining the (in) existence of discriminatory foundations
and the possible devaluation of the female comparing to male. Ultimately, it will be debated the
possibility of this court decision following some trend in Portugal, discussing the need to establish
political and criminal strategies to mitigate gender bias in these contexts.