Cursos / 1º Ciclo / Faculty of Law :: Law

INTRODUÇÃO AO ESTUDO DO DIREITO - 2025/2026

1º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Sérgio Costa Machado
Assistant Professor: Prof. Doutor Sérgio Costa Machado

Class type and School hours

Teórica : 2 Horas
Prática : 1 Horas
Orientação Tutorial : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

The course unit aims to initiate students´ legal education by presenting fundamental concepts that enable them to understand Law as a normative and social phenomenon. It seeks to develop legal reasoning skills through the study of the legal order, justice and security, the purposes of Law, normativity, public and private enforcement, the sources of Law, and the methods of interpretation, integration, and resolution of conflicts of norms in time and space.

Specific Aims/Objectives

The aim is to provide an introduction to the fundamental concepts of Law, enabling the identification of normative orders, with particular emphasis on the legal order, an understanding of the types of subjective rights, the purposes of Law, its sources, the legal norm, the means of legal protection, and the methods of interpretation, integration, and application of the law. This knowledge provides a theoretical foundation for pursuing a Law degree.

Skills to be acquired

Students are expected to acquire the ability to understand and use the fundamental concepts of Law, develop skills in the interpretation and application of legal norms, and begin to master legal technique. Emphasis is also placed on critical thinking and argumentation skills, which are essential for the analysis and resolution of practical cases, in line with the methodological requirements of the Law degree.

Teaching Procedures

A problem-based method, grounded in questions and answers, is adopted in theoretical classes, encouraging active student participation. Practical classes are dedicated to the resolution of case studies, promoting the application of acquired knowledge. Tutorial sessions aim to provide closer guidance, supporting individual learning. Assessment follows the University´s regulations, incorporating both continuous and final evaluation.

Programme

TOPIC 1: THE SOCIAL ORDER
1.1. The individual and society
1.2. Normative orders:
1.2.1. Religious order
1.2.2. Moral order
1.2.3. Social conduct order
1.2.4. Legal order

TOPIC 2: THE LEGAL ORDER
2.1. Private subjective rights:
2.1.1. Concept
2.1.2. Nature
2.1.3. Types
2.1.4. Classification
2.1.5. Rights of direction, duty-powers or functional powers
2.2. Public subjective rights:
2.2.1. Concept
2.2.2. Nature
2.3. Figures related to subjective rights:
2.3.1. Mere legal interests
2.3.2. Faculties in the strict sense
2.3.3. Reflex rights
2.3.4. Legal expectations

TOPIC 3: PURPOSES OF LAW
3.1. Justice
3.2. Legal certainty
3.3. Relationship between justice and legal certainty

TOPIC 4: NATION, STATE AND LAW
4.1. Nation
4.2. State
4.3. State and Law

TOPIC 5: SOURCES OF LAW
5.1. Voluntary sources:
5.1.1. Statute (Law)
5.1.2. Corporate rules
5.1.3. Case law
5.1.4. Legal scholarship (Doctrine)
5.2. Non-voluntary sources:
5.2.1. Custom
5.2.2. Fundamental legal principles

TOPIC 6: THE LEGAL NORM
6.1. Concept and structure
6.2. Characteristics
6.3. Classification
6.4. Sanction
6.5. Incomplete legal propositions

TOPIC 7: PUBLIC ENFORCEMENT
7.1. Concept
7.2. Types
7.3. State apparatus:
7.3.1. Courts
7.3.2. Public Administration
7.4. Public Prosecutor’s Office
7.5. Jurisdiction and Administration

TOPIC 8: PRIVATE ENFORCEMENT
8.1. Concept
8.2. Types

TOPIC 9: INTERPRETATION
9.1. Concept and need
9.2. Types
9.3. Purpose
9.4. Elements (hermeneutic factors)
9.5. Results

TOPIC 10: INTEGRATION
10.1. Legal gap:
10.1.1. Concept and determination
10.1.2. Types
10.1.3. Justification – the dogma of completeness of the legal system
10.2. Integration:
10.2.1. Concept and necessity
10.2.2. Intra-systematic processes
10.2.3. Extra-systematic processes

TOPIC 11: APPLICATION OF THE LAW IN TIME AND SPACE
11.1. The problem
11.2. The solution:
11.2.1. Transitional law
11.2.2. General criterion: non-retroactivity of the law
11.2.3. Special criteria
11.2.4. Position of the Portuguese Civil Code
11.3. Interpretative law
11.4. Confirmative law
11.5. Application of the law in space (reference)

Evaluation Type

TEACHING METHODOLOGY:
Teaching encourages active student participation, using an interrogative and problem-based approach, with the presentation of cases and guided discussion of solutions, fostering the development of critical thinking.
ASSESSMENT:
Conducted in accordance with the University´s General Assessment Regulations, through continuous assessment: two written tests (60%) and one exam (40%).

Teaching Resources

Legislation (Civil Code and Constitution of the Portuguese Republic), internet for research and consultation of legal documents, scientific articles, specialised journals, and recommended bibliography.

Sustainability Objectives

1) Ensure inclusive, equitable, and quality education and promote lifelong learning opportunities for all – SDG 4.
2) Reduce inequality within and among countries – SDG 10.
3) Promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels – SDG 16.

Keywords

Legal order; Subjective rights; Nation, State and Law; Legal norm; Public and private enforcement; Sources of Law; Interpretation; Integration; Conflicts of laws in time and space.

Main Bibliography

Complementary Bibliography