Criminal Policies, Justice and Fundamental Rights

Code:

C310

Acronym:

PCJDF

Keywords
Classification	Keyword
OFICIAL	Criminology

Instance: 2013/2014 - 2S (since 17-02-2014 to 23-05-2014)

Active?	Yes
Course/CS Responsible:	Criminology

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
C	72	Oficial Study Plan LC	3	-	6	-

Teaching language

Português e espanhol

Objectives

1. Provide students with the basic concepts and frameworks for proper comprehension of political relations between criminal justice and fundamental rights

2. It is intended that students acquire knowledge in the field of essential functions, including the theoretical and dogmatic as well as analysis of the system of fundamental rights in positive law and the Portuguese international system of human rights.

3. Introduction to the concept of "fundamental rights" under the theory of the Constitution, which encompass an analysis of constitutionalism Portuguese.

 4. Understanding the specific dynamics and critical reflection on the major trends in relation to the criminal policies from the point of view of respect or disrespect for fundamental rights.

5. Reflect in more detail on the key debates and critical approaches in relation to some particular criminal policies.

Learning outcomes and competences

1. Knowing the importance and role of fundamental rights in the Constitution of the Portuguese Republic.

2. Critically analyze the relations between criminal and political rights.

3. Further analysis of that relationship between criminal policy and fundamental rights within specific criminal policies

Working method

Presencial

Program

FIRST PART

I. Introduction to the concept of "fundamental rights" under the theory of the Constitution, which encompass an analysis of constitutionalism Portuguese.

 II. Theory and the concepts of "restraint" and "setting" of Fundamental Rights under the 1976 Constitution.

 PART TWO

I. Criminal policy and human rights: a strange relationship: a) What are the criminal policies? B) Ideal types of criminal policies and their relation to human rights c) Connection between criminal policy and human rights d) Generation of rights and policies criminal e) the three phases in the protection / deprotection human rights beams criminal policy.

 II. The role of human rights in the new trends and doctrinal criminal criminology (two classes): a) A new context for the criminal policies b) The change in social values: freedom versus security c) The risk society and its consequences in protection of human rights; d) The expansion of the criminal policies of the exception and exclusion. 

III. Changes in the subject criminal: a) the rights of the perpetrator to the victim's rights, b) The creation of enemies and tort exception b) The promotion of a victim activates the beams of restorative justice. 

IV. The functions of the penalty and protection of human rights: a) The functions of punishment b) Punishment and legitimation of power c) Abolitionist Approach d) absolute grounds; justifications c) The antinomies weekends and feathers d) useful righteous punishment or punishment. 

V. The moralization of criminal law and criminal policies against human rights: a) Society, morality and criminal law b) Crimes without victims c) Privacy and security d) Paternalism criminal.

 VI. The prison in the XXI century, can we talk about human rights?: Some questions for discussion: a) demographics of prison b) prison conditions and human rights; c) responses to the crisis of prison d) functions of the prison and ) smaller centers.

 VII. Alternatives to imprisonment: a) Different forms of deprivation and freedom b) the suspension of execution of sentence; c) overcoming unfreedom: fine and work en benefit of the community; d) punishment and shame. 

VIII. Humanization of criminal policy and conflicts with fundamental rights: a) crime prevention policies, b) the possibility of forgiveness as criminal policy and its impact on human rights.

 

THIRD PART

I. Criminal policy and fundamental rights. Preliminary issues. a) state power, human rights and crime. Crimes against humanity international terrorism. b) Human rights and vulnerable groups, The specification process of human rights. c) The scope of the private and the public. Intervention of Right. d) What is the human rights discourse in relation to family violence? 

II. Crimes against humanity, terrorism and human rights. a) The State crime: crimes against humanity. Concept, origin and consolidation. Constituent elements. Genocide. Criminology and state crime. b) Crimes against the state: political terrorism and human rights. 

III. Criminal policy and vulnerable groups. Immigrants: a) Human rights, immigration policy and criminal policies b) The construction of immigrant offenders as: immigration and insecurity c) Policies criminal law, criminal law and immigration: The abandonment of rehabilitation.

 IV. Criminal policy and vulnerable groups. Mentally ill: a) Stigma, mental illness and human rights; b) Relationship mental illness and violence, victimization and crime c) People with mental illnesses in conflict with the law: fundamental questions. d) treatment of sexual offenders and human rights: rehab or risk management?

 V. Family violence, criminal and human rights policies. Gender violence: a) Human rights, women's rights and gender violence. b) Some reflections on criminological gender violence. c) The Spanish case: criminal law and main policies.

VI. Crimes against the environment, criminal policy and human rights: a) Environmental human rights b) The evolution of the international protection of human rights and the environment c) Environmental criminal policy as environmental protection: limits of criminal law;

VII. Economic crimes, corruption and human rights: a) Economic Crimes and fundamental rights, b) Corruption as human rights violation

Mandatory literature

Queiroz Cristina 1957-; Direitos fundamentais. ISBN: 978-972-32-1824-4

Complementary Bibliography

Agra Cândido da 300 1948-; A^criminologia. ISBN: 978-989-8265-88-3
Delmas-Marty Mireille; Les^grands systèmes de politique criminelle. ISBN: 2-13-044628-0
Brandariz García José Ángel; Política criminal de la exclusión. ISBN: 978-84-9836-239-8
Ferrajoli Luigi 1940-; Derecho y razón. ISBN: 978-84-9879-046-7
Zaffaroni Eugenio Raúl; El^enemigo en el derecho penal. ISBN: 978-84-9772-973-4
Bobbio Norberto 1909-2004; L.età dei diritti. ISBN: 88-06-14632-7

Teaching methods and learning activities

Theoretical and practical, combining the description of contents with exercises to apply knowledge transmitted. Emphasis will be, in the latter, work in small groups focusing on analyzing and discussing scientific papers previously prepared by the students.

keywords

Social sciences > Criminology

Evaluation Type

Distributed evaluation with final exam

Assessment Components

Designation	Weight (%)
Defesa pública de dissertação, de relatório de projeto ou estágio, ou de tese	20,00
Exame	70,00
Participação presencial	10,00
Total:	100,00

Amount of time allocated to each course unit

Designation	Time (hours)
Elaboração de relatório/dissertação/tese	10,00
Estudo autónomo	26,00
Frequência das aulas	44,00
Total:	80,00

Eligibility for exams

 Type: Evaluation with final exam. Formula evaluation: Continuous Assessment: According to rules of continuous assessment, are considered for evaluation (about twenty points). Active participation in the activities of the discipline with exposure of assigned readings and active participation in class (six points)Final exam(fourteen points). Students that only make final exam (fourteen points) An additional question about the assigned readings and discussed in class (6 oints).Valuation formula: Rating distributed: work and presentation of readings 30%, final exam: 70%).

Calculation formula of final grade

Distributed evaluation: works and presentation of lectures: 30%; final exam: 70%