The Action of the Supreme Court of Justice in Cases of Domestic Violence Against Women from 2020 to 2023

Abstract

Nowadays, there is a need for the legislator and the Courts to protect social and legal minorities and not just numerical minorities. There are several examples of these minorities, such as women, who will be the main stakeholder in the analysis that will be done throughout this research essay. This research essay, which will focus on the subject of conjugal domestic violence, practiced exclusively by men, against women, during the current decade (2020-2023), aims to address this problem as a flagrant violation of the victims’ fundamental rights, such as the right to dignity, the right to life and the right to physical and psychological integrity. A constitutional analysis of the topic will also be presented and the fundamental rights of the aforementioned minority will be established, through the analysis of the some Supreme Court of Justice’s deliberations, particularly in terms of the interpretation of the law and the penalties applied to the aggressors, stating the implications of these deliberations for the consolidation of legal custody regarding the protection of the victims’ fundamental rights.

Keywords: domestic violence, Women;, fundamental rights, Supreme Court of Justice, dignity, equality, Constitution