Criminal Policies, Justice and Fundamental Rights

Code:

C310

Acronym:

PCJDF

Keywords
Classification	Keyword
OFICIAL	Criminology

Instance: 2015/2016 - 2S (since 15-02-2016 to 20-05-2016)

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	50	Oficial Study Plan LC	3	-	6	-

Teaching language

Portuguese

Objectives

- Provide students with the basic concepts and frameworks for proper comprehension of political relations between criminal justice and fundamental rights.
- 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.
- Introduction to the concept of "fundamental rights" under the theory of the Constitution, which encompass an analysis of constitutionalism Portuguese.
- 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. - - - Reflect in more detail on the key debates and critical approaches in relation to some particular criminal policies.

Learning outcomes and competences

Working method

Presencial

Program

FIRST PART

1.Introduction to the concept of 'fundamental rights' within the Constitutional Theory
2. Internal and international protection.
3.The system of fundamental rights.
4. Approach and theorization of the concepts of "restriction" and "setting" of Fundamental 5. Rights under the 1976 Constitution.
6.The sense of fundamental rights and the principle of human dignity: new challenges.

SECOND PART

1. Preliminary questions. Criminal policies and human rights: a strange relationship.
2. The role of human rights in the new criminological trends.
3. The changes in the criminal subject.
4. The functions of penalty and the protection of human rights.
5. The moralization of criminal law and criminal policies against human rights.
6. The prison in the XXI century: Can we talk about human rights?
7. Humanization of criminal policies and conflicts with fundamental rights.

PART THREE

1. The criminal policy of international treaties: international crimes, crimes against humanity, terrorism and human rights.
2. Criminal policy, criminal law and immigration.
3. Mental patients in conflict with the law, criminal policies and mental health policies from the perspective of human rights
4. Sexual offenders, criminal policy and fundamental rights.
5. Gender, criminal policies and human rights.
6. Crimes against the environment, crime policy and human rights.
7. Corruption, economic crimes and human rights.

Mandatory literature

Queiroz Cristina 1957-; Direitos fundamentais. ISBN: 978-972-32-1824-4
Neto Maria Luísa Alves da Silva 1971-; Novos direitos ou novo[s] objecto[s] para o direito?. ISBN: 978-989-8265-28-9

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 (%)
Exame	75,00
Prova oral	25,00
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 20 points). Active participation in the activities of the discipline with exposure of assigned readings and active participation in class (5  points) Final exam(15 points). Students that only make final exam (15 points) An additional question about the assigned readings and discussed in class (5 oints).Valuation formula: Rating distributed: work and presentation of readings 25 %, final exam: 75%).

Calculation formula of final grade

Distributed evaluation: works and presentation of lectures: 25%; final exam: 75%