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

TEORIA DA LEI PENAL - 2021/2022

2º curricular year
Semestralidade: 2nd semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Fernando Torrão
Assistant Professor: Mestre João Oliveira

Class type and School hours

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

Teaching Language

Portuguese

Main Aims/Objectives

With this course is intended that the law student is able to grasp the specifics of criminal law, not only in relation to their specific constitutional, but also in its axiological reasoning.

Specific Aims/Objectives

Delimit criminal law against other branches of law.
Understand the constitutional principles of criminal law.
Understand the legitimacy and purposes of penalties and security measures.
Understand the principle of legality and its implications.

Skills to be acquired

Interpretation and practical application of criminal rules.

Teaching Procedures

Active learning, favoring student participation in class and strategies for research and deepening of knowledge by the student as a complement to theoretical classes.

Programme

Title I. CRIMINAL LAW AND ITS LEGAL SYSTEM SCIENCE IN THE STATE


Chapter 1 The criminal law in the formal sense
I. The concept of criminal law
II. The criminal law

Chapter 2 The location of criminal law in the legal system
I. Intrastate criminal law and international criminal law
II. The criminal law as part of public law
III. The criminal law before the other branches of law. Autonomy and dependence on criminal law.

Chapter 3 The science of criminal law
I. From "Encyclopedia of criminal science" to "science joint criminal law"
II. The evolution of the status of the criminal sciences
III. The status of criminal science under the rule of law and a modern criminal justice system functional-teleological and rational.



Title II. THE ROLE OF CRIMINAL LAW

Chapter 4 aims and legitimacy of criminal punishment
I. The problem of "purpose" of the felony
II. Absolute theories: the instrument of punishment as retribution
III. Theories concerning: the pen as an instrument of prevention
IV. Mixed theories or unifying
V. The problem of the ends of sentences and the doctrine of the state, particularly in light of its evolution in Portugal
VI. Aims and limits of criminal penalties

Chapter 5 of basis, meaning and purpose of the security measure criminal
I. Security measures in criminal sanctioning system
II. Purposes and legitimacy of the security measure
III. The relationship of the sentence with the safety measure: the question of "monism" or "dualism" of the system

Chapter 6 of the criminal behavior and its definition: the material concept of crime
I. The material content of the concept of crime
II. The social definition of crime
III. The current crisis in the criminal paradigm


Chapter 7 of the limits of criminal law
I. Criminal law and administrative offenses (law contraventions): criminal penalties and fines
II. Criminal law and disciplinary law: criminal penalties and sanctions (measures) disciplinary
III. Criminal law and procedural law, criminal penalties and sanctions (measures) of ordering or procedural conformation
IV. Criminal law and private law: criminal penalties and punishments private


TITLE III. CRIMINAL LAW AND ITS APPLICATION

Chapter 8 The principle of legality of criminal intervention
I. The principle Nullum crimen, nulla poena sine lege
II. The plan�s scope
III. The plane of the
IV. The possibility of defining the type statutory
V. The prohibition of analogy
VI. The prohibition on retroactivity. The temporal scope of validity of the criminal law or the problem of "application of criminal law in time"

Chapter 9 Spatial validity of the criminal law
I. The system of enforcement of criminal law in space and its underlying principles
II. Content and combination system of principles applicable

Evaluation Type

Two AC tests.
Final exam proof.

Teaching Resources

General and specialized library

Sustainability Objectives

Keywords

Crime
Penalty
Legality
Subsidiarity

Main Bibliography

Complementary Bibliography