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The Famalicão judge, who is on trial in Porto for alleged domestic violence, asked not to read the sentence on Wednesday, arguing that he had four trials scheduled for that day, one of which was precisely related to domestic violence.
In a lawsuit addressed to the group of the Porto Appeals Court that was in charge of trying him, to which the Lusa agency had access, the first instance judge Porfírio Vale demands that the reading of the sentence “be carried out in his absence, considering he notified himself in the person of his defender ”, the lawyer Ernesto Novais.
The accused judge alleges that on the day of sentencing “there are hearings scheduled for the whole day” in four cases, hearings that, as he guarantees, were not scheduled by him.
One of the lawsuits, he also claims, has already been delayed due to the covid-19 pandemic and two others are of an “urgent and urgent” nature.
It specifies that one denounces persecution and the other denounces domestic violence.
The reading of the sentence was already scheduled for September 16 and by that time the defendant had also made the same request, arguing that he had three trial hearings scheduled for that day, one of them also “of an urgent nature, because it is a matter of urgency. ” domestic violence process “.
First instance judge Porfírio Vale is being tried by the 4th Criminal Chamber of the Court of Appeals of Porto for alleged domestic violence victimizing his ex-wife.
For the purpose of trying magistrates, an appeal court functions as if it were a district court.
In the final allegations of the process, on July 8, 2020, the Public Ministry (MP) requested the suspension of the sentence for the judge who handed down the ex-wife for domestic violence.
“It was fully demonstrated that the accused [juiz] committed the crime of domestic violence, “said the prosecutor in the final arguments of the case.
At the time, the MP abstained from accusing the judicial magistrate, who only went to trial after pronouncing himself, but the prosecutor stressed that this does not bind him.
In his arguments, the Relação prosecutor declared that it was “very painful and delicate” to intervene in a process in which a judge is taken to the judicial bar, in addition to being charged with a crime of domestic violence, a crime punishable by prison terms of one to five years.
The lawyer and assistant in the plaintiff’s process also asked that the judge be sentenced to suspension, but he insisted above all on his sentence to pay compensation to the victim worth 75 thousand euros.
To qualify the conduct of the accused, the lawyer used expressions such as “intimate terrorism.” He also said that the woman was the victim of “judicial harassment.”
The defense of judge Porfírio Vale defended the acquittal of the judge, rejecting the alleged situation of domestic violence, sustained by the plaintiff and the order of pronunciation.
“If I were not a judge, I would not be here,” said the lawyer, attributing to the woman the intention of harassing the accused, damaging his career in the judiciary, in eight complaints and two complaints.
The MP had filed the woman’s complaint, but the Porto Court and the Supreme Court of Justice determined that a group of judges tried the judicial magistrate of Vila Nova de Famalicão, for allegedly “tormenting” the offended through conversations. phone calls, emails and hundreds of cell phone messages (SMS), beginning in 2015, the year the divorce was formalized.
According to the pronunciation, “it is simple and indicative that the accused, under the pretext of resolving aspects of regulation of parental authority and distribution”, tried to intimidate and control his ex-wife, “compromising his self-esteem” and offending her in his honor and consideration.
As a result of this behavior, the pronunciation adds, the ex-wife, a veterinarian by profession, was “completely disoriented, detained and unable even to work, especially after having been operated on.”
Porfírio Vale is accused, in particular, of having told his ex-wife that he would “not have contemplations” with her and that he would “dishonor her life”.
In the order of pronunciation, it is emphasized that Porfírio Vale called his ex-wife “nullity” and “mentally retarded”.
In a repeated position at the hearing, the defendant denied the content of the calls and, regarding the messages, stated that they were “cut”, are “partial” and appear “decontextualized and chronologically reversed.”
The defendant and the ex-wife have been married for 10 years and have a minor child, and the divorce occurred in late 2015.
In the first phase, the MP filed a complaint for domestic violence by the ex-wife, who became an assistant and requested the opening of instructions, before the Porto Relations Office, pronouncing the accused.
The defendant’s defense appealed, invoking nullity and unconstitutionality of the ruling, but the Supreme Court dismissed this appeal as unfounded, considering that the case should even go to trial.
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