Boletim informativo NEPS
Universidade do Minho. Instituto de Ciências Sociais. Núcleo de Estudos de População e Sociedade
2001-11-01
Resultados de pesquisa
Foram encontrados 22 registos.
O presente estudo visa abordar o crime de insolvência dolosa, questão de grande interesse actual e relevância prática.
Não obstante partirmos de uma abordagem geral sobre o ilícito típico em apreço, procurámos essencialmente dar resposta a algumas questões concretas, relacionadas com autoria e participação no crime que ora nos ocupa.
Deste modo, distinguiremos os diferentes regimes comparticipativos consagrados nos 12.º e 28.º, do CP, os quais regulam a tipicidade das condutas de agentes extranei.
Concluindo, como veremos, pela aplicação do artigo 12.º, do CP, importa distinguir a sua previsão daqueloutras que se encontram estabelecidas nos n.º 2 e 3 do artigo 227.º, do mesmo diploma.
Social tolerance towards domestic violence, a transversal issue across societies, has declined significantly in recent times grounded on long discussions.
The Portuguese legislator has demonstrated a growing concern about the phenomenon of domestic violence: by expanding the protection of the victims and focusing on measures to prevent and eradicate this crime.
However, domestic violence remains a current and relevant public phenomenon, with personal and social consequences, which deserves to be exhaustively studied, as this unlawful act affects the entire society.
The crime of domestic violence may materialise itself in different (...). descausing problems of heterogeneous (...) of crimes of domestic violence.
However, in the judicial practice, the judge has consistently sentenced the offender to a single crime of domestic violenc...
The following report explores the task performed by the Court of Execution of
Penalties in Lisbon pursuing the agent's reintegration purpose into society, preventing
recidivism.
To this end it develops the issue of granting jurisdictional exit permits and
parole as easing measures of imprisonment. As for this measures, concluded the
following:
that the grant depends on the inmate’s evolution, evaluated through the
voluntary participation in the prison treatment program; that the role played by the
auxiliary instances of execution of the sentence, such as prison treatment and social
reintegration teams are essential to the inmate’s reintegration process; that every
technical advice and judge’s decision making process are unique due to the high
heterogeneity of situations and dynamics that make up the prisons such as type and
...
This report seeks to demonstrate the Portuguese situation with regards to human trafficking. It starts with the analysis of three legal instruments that are pillars at the international and European level, revealing how they have affected Portuguese policies aimed at preventing and combating human trafficking. It analyzes the evolution of the criminalization of trafficking in persons in the Portuguese Penal Code, since its original version to the latest. It provides an overview of the system of support and assistance to victims of trafficking and of the importance of coordination between public authorities and civil society associations. It explains how knowledge of the trafficking phenomenon is important and how the activity of the Observatory of Trafficking in Human Beings contributes to its comprehension. Lastly, it concludes with a...
Euthanasia, especially the active one, has always been an extremely
discussed subject, which goes further pure dogmatics and transcends the strictly
legal field. A reflection about such issue makes us re-think on what it implies for all
the involved without ever loosing sight of the fact that admitting a legalization is, in
a legal system as ours, to admit the lack of punishment of an homicide act or an
assistance to suicide. However, burying in mind the foreign experiences, isn’t there
a possibility of working on a path that respects both the basis of our legal system
and the rest of the interests involved? And what interests would those be? How to
admit such a path? Based on what assumptions? The present study proposes a
discovery of paths and not the search for dead ends, creating definitive answers.
The purpose of this di...
Child trafficking hasn’t always been known to the extent it holds today. Throughout history, the need to legislate particularly on the matter of child trafficking became real. However, due to the absence of specific laws, it was incorporated into two other crimes: human trafficking – on the international scene – and the prostitution of children – on the national scene. Not only after the 2007’s penal code reform, did the legislator regulate the crime of child trafficking.
Internationally, there were created several legal instruments such as the Convention on the Rights of the Child and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. These instruments reflected upon the Portuguese’s legal system, as well as the Spanish’s and the Italian’s, and forced the member States to legislate ac...
As it´s known, with the elimination of physical boundaries and the advancement of technologies of information and communication, many companies that carry out lawful activities had their activities expanded.
On the other hand, many criminal companies whose purpose is to expand their criminal activities (organized crime) have also emerged, in which their main livelihood is the legitimization of crime products.
Thus, as a result of this situation, in the 80s, many international organizations have begun to fight money laundering, due to the severity and development of this crime. Initially, it was with the 1988 Vienna Convention, Subsequently other international, supranational and regional organizations also began to fight the crime mentioned above.
At the beginning, the only underlying laundering crime was drug trafficking. Then, seve...
Firstly, this report focuses on the perception of the judicial reality, focusing on the practical teachings learned during the internship.
Secondly, the report focuses on the criminality analysis of domestic violence, aiming at understanding all procedural stages, as well as the existence of the right to refuse to testify that can be exercised applied to any procedural stage in which the victim has to provide statements.
Faced with this prerogative, has developed the possibility of applying the regime of declarations for future memory to victims of domestic violence from the Law that develops the legal regime applicable to the prevention of domestic violence. In this case, the situa-tion should be taken into account whenever it is covered by the legal regime of declarations for future memory, anticipating the production of evidence t...
A globalização e a proliferação de multinacionais de grande influência, a que se assiste desde o século XIX, têm vindo progressivamente a dar lugar à necessidade da emergência de um direito dos grupos societários.
Perante esta realidade impõe-se que o direito penal português se adapte e adeque, uma vez que, o patamar já alcançado pelo direito penal, que incide somente sobre as pessoas coletivas e as entidades equiparadas, deverá agora ser expandido concomitantemente a um direito penal que abranja os grupos societários e todas as suas realidades adjacentes.
Quando, por força da existência de um grupo societário, uma sociedade consegue influenciar, dominar e determinar que outra pratique factos típicos e ilícitos em seu proveito económico, de modo a obviar à sua própria responsabilização criminal, fica a cargo do direito intervir em se...
