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Class Penal Law I

  • Presentation

    Presentation

    Fundamental concepts. Notion of Criminal Law. Scope, delimitation and structure of the penal system. Function and legetimation of criminal law. The theory of the ends of sentences: exposition and criticism. The theory of legal good. The Functional Constructions. The teleological - functional rationalism. Political - criminal models. Fundamental principles of a criminal model. Theory of criminal law. Synthesis of the historical evolution of Portuguese criminal law. Centralization of Power and monopoly of punitive power after the Reconquest. The Ordinance regime. The Liberal Constitutionalism. The Criminal Codes of 1852/1886. The reform of 1954. The preliminary projects of Eduardo Correia (1963 and 1966). The 1982 Penal Code: lines of force. The 1995 revision of the Criminal Code of 1982. Further revisions.

  • Code

    Code

    ULHT500-2085
  • Syllabus

    Syllabus

    Crime, penalty and grounds of the DP. Classic and secondary DP; DP and DMOS; DP and prosecution; DP and disciplinary; DP, criminal policy and criminology; DP and "DP science". Application of DP in time; in space; people. Sources of DP: Fundamental Law; law in the strict sense; dt. Interpretation in PD. History of DP. Principle of offensiveness; dignity and need; Structure of punishable conduct; conceptions, "neoclassical" and finalist. The actuality. The Type: Structure and concept; delimitation in the face of wrongdoing and guilt; causality and objective imputation; concerns about objective imputation; the subjects (the criminal responsibility of collective entities); types of typicity. The Illicit: Notion and Concept of Legal Good; Grounds for Justification; Legitimate Defense; Exercise of a Right; State of Necessity; Consent; Conflict of Duties; Article 31, paragraph 1, of the CP; Other Causes of Justification.

  • Objectives

    Objectives

    To provide students with basic and indispensable knowledge so that they can assess criminal responsibility in concrete situations, through the learning, in their essential features, of the fundamental principles guiding criminal law and of the dogmatic categories of crime, within the framework of a framed criminal code by the values of a Democratic Rule of Law.

  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    The teaching will have a strong theoretical component, aided by practical classes, both in the classroom and in the external context, namely by accompanying the students to some institutions related to the application and enforcement of criminal law, such as Courts and Establishments Prisoners. Students will be encouraged to independently and critically investigate some institutes of criminal law, through the analysis and study of doctrinal and jurisprudential articles, in connection, as far as possible, with ongoing criminal proceedings.

     

    Continuous evaluation will have at least 1 written test.

     

    Notwithstanding this, the (optional) participation of the Students, as listeners, in an event (colloquium, seminar, conference, etc.) promoted by Faculty of Law of the Universidade Lusófona, provided that it is accompanied by the delivery of a short written report, will be valued up to a limit of 5% of the total classification. 

  • References

    References

    - José de Faria Costa, Direito Penal, Lisboa: Imprensa Nacional - Casa da Moeda, 2017.

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