Mariana Vilas Boas: “Law must serve to improve the lives of those subject to it, by protecting them.”

You have devoted your career to supporting victims. When did this connection to the field begin?

My concern with crime victims was the starting point. While working at APAV in Lisbon, I gained privileged insight into this area. Although I did not work directly with victims, since most of that support is provided by volunteers, my role as a lawyer, guided by excellent professionals, gave me the unique opportunity to collaborate closely with legislators and feel that my work could influence laws and the protection of vulnerable people. At APAV, even at a young age, I participated in drafting legal opinions requested by the Association and attended conferences and seminars as its representative. This role was rewarding and encouraging. APAV’s mission goes beyond domestic violence, extending to supporting all crime victims. In this context, I was able to work in Criminal Law from the perspective of victims, a perspective that has often been overlooked. Until recently, victims had little to no role in criminal proceedings, with their need for protection and specific circumstances largely disregarded.

Even earlier, at Católica, during my undergraduate and master’s studies, there were key moments that shaped my path. My master’s supervisor, now also my PhD advisor, Professor Conceição Cunha, would often highlight various idiosyncrasies in the law regarding different crimes, especially those involving sexual offenses. It was then that I realized, for example, how rape was regulated by law and understood by case law, and how far these interpretations strayed from what I considered “fair” or even dignified. That made me aware of the role the Law must play in improving the lives of people subject to it by protecting them.

But you also practiced Law for a while…

Yes, Civil Law, though I realized it wasn’t the work that fulfilled me most. At the same time, I maintained my connection to Criminal Law by collaborating with the Portuguese Association of Women Jurists, particularly when I had the opportunity to coordinate a project. The project involved simulated rape trials for young people, with the goal of explaining what constitutes the crime while dismantling socially accepted stereotypes, for instance: “she went home with him, so she must have expected it,” “she danced and dressed a certain way, so it was her fault,” or “she’s my girlfriend, so she has to have sex with me.” Soon after, the opportunity to pursue a PhD arose, and it has been a time of great professional and personal fulfillment. I believe professional fulfillment must always go hand in hand with personal fulfillment; otherwise, it feels incomplete.

When did your interest in Law begin?

I was drawn to the humanities: Philosophy, History, and Portuguese. Studying Law wasn’t initially motivated by any specific calling, but rather by the idea of pursuing a degree that would open different career paths. I wanted a broad foundation. Interestingly, during my undergraduate degree, I often considered becoming a journalist afterwards. It remained a strong desire, because I believed I had skills I wanted to put to use: speaking and writing. At the same time, I was motivated by causes I felt were important to address and expose, in the hope of bringing about change in areas of injustice. The PhD eventually allowed me to put into practice what I enjoy most. At the time, I didn’t know how much I loved studying topics in depth, but I discovered that passion with experience.

You are not only a current PhD candidate at Católica but also a graduate and Master’s alumna. What do you highlight from your journey at the Universidade Católica Portuguesa?

There is genuine care for each student, which translates into more personalized and attentive teaching. At Católica, we also benefit from outstanding thinkers, ensuring a very high-quality education. And there are people deeply committed to social causes. It’s a truly enriching academic environment.

What is the focus of your PhD research?

My PhD deals with a very complex issue: how to legally address cases where victims of domestic violence kill their abusers. There are various situations, some of which may seem justified to the “average citizen,” but which criminal law doctrine and case law generally treat as unlawful. The question is whether the victim acted in self-defense or under another justification, or whether, if unlawful, the conduct could nonetheless be excused.

Self-defense excludes unlawfulness and prevents conviction for crimes. But many of its strict conditions are not met in such cases. Typically, we’re dealing with people abused for years or decades, who often cannot physically or psychologically defend themselves at the exact moment of attack, or by using a less harmful means. For instance, self-defense requires the attack to be ongoing. If the victim defends herself when the abuser cannot react, say, while he is asleep, then, by default, self-defense does not apply, since the attack is not “current.”

Is this a topic that has been studied before?

Yes, especially in Anglo-Saxon legal systems, where research has analyzed victims’ responses to domestic violence and identified behavioral patterns that help explain defensive actions, including homicide. However, these studies were done within very different legal contexts. What I am trying to do is develop a criminal law analysis that is informed by criminogenic realities studied by the social sciences, thinking of criminal law in terms of safeguarding fundamental rights and reflecting real life. This also means examining how domestic violence is treated by law and its practitioners, questioning whether our legal system truly protects victims or whether it forces them to commit crimes to protect themselves.

This topic requires in-depth knowledge of the contexts in which domestic violence occurs… Do you rely on real stories to guide your research?

In recent years, domestic violence has been widely discussed in the public sphere. So, I believe everyone is, at least ideally, familiar with its dynamics, and, unfortunately, also with stereotypes that blame the victim for the abuse suffered.

I have the support of Professor Catarina Ribeiro as co-advisor in Psychology. Social sciences have produced extensive research and statistical studies on domestic violence, which have been immensely helpful to me. My work is based on these analyses of the phenomenon rather than on isolated cases I might know personally. I also draw from court cases and their factual backgrounds, which illustrate the contexts and dynamics behind these crimes.

How would you describe the work of pursuing a PhD?

A PhD requires, above all, that you truly want to do it. In my case, with a scholarship, I can dedicate myself fully to research, though without fixed schedules. That makes motivation crucial, so you can set deadlines and objectives for yourself.

It’s an ongoing, multifaceted process: writing articles, preparing presentations, attending events… The dissertation advances, but the process is long and often delayed until deadlines “close in,” as they are now. Still, when you enjoy what you’re doing, it’s very rewarding!