A geografia da criminalidade

A criminalidade é algo que afeta as nossas vidas, bem como a forma de viver em sociedade. O conhecimento da realidade sócio-criminal é de extrema importância para o desenvolvimento das sociedades. As temáticas da criminalidade e segurança têm vindo, nos últimos tempos, a ser alvo de enorme pressão pela comunicação social, pelo governo e pela comunidade civil. Desta forma, urge a necessidade de encontrar novas leituras de informação, a nível regional e local, sobre áreas de ocorrências ou incidentes associados à criminalidade e incivilidade - as áreas de intervenção das forças de segurança - de forma a melhor se compreender as suas causas. Só assim se poderá agir, numa ótica da prevenção e combate ao fenómeno. A diversidade espacial do nosso território é conhecida e estudada desde há muito, contudo, raramente se pensa e articula este conhecimento com os fenómenos criminais. A criminalidade está diretamente articulada com a geografia e com os fenómenos que ocorrem num determinado território. Segundo as teorias da criminologia, tratar apenas dados reportados é insuficiente para efetuar uma análise correta da criminalidade e criar políticas de segurança e prevenção do fenómeno criminal. Com o desenvolvimento de aplicações de Sistemas de Informação Geográfica (SIG) desde 1990, os analistas criminais em todo o mundo têm usado e ponderado os princípios da Geografia de forma a perceber e criar mecanismos de prevenção e segurança da população. Vários especialistas afirmam que o mapeamento da criminalidade tem um impacto no entendimento do crime e dos problemas sociais. Desta forma, a geografia aplicada tem um papel preponderante neste tipo de fenómeno, no sentido em que se conhecermos uma determinada área e a forma como essa afeta as áreas de proximidade, podemos perceber como e onde se localiza determinado fenómeno ou acontecimento. Isto é a Geografia da criminalidade, uma importante ferramenta de apoio à decisão em questões de segurança pública e prevenção do crime. Esta apresentação tem assim como objetivos principais: (i) perceber a dimensão e espacialização das forças de segurança, (ii) reconhecer áreas problemáticas e vulneráveis da cidade de Lisboa, (iii) propor soluções de segurança e prevenção da criminalidade com o reforço de unidades e instalações policiais.

Da intercepção de comunicações, acções encobertas e serviços de informações

The Portuguese Intelligence Services have their operational skills limited due to the grievances caused by the Dictatorship and, in particular, by its political police. With the help of historical elements, and by analyzing current legislation, we demonstrate that such grievances are today unjustified and misplaced, mainly taking into account the Risk Society’s multifaceted threats. Also part of our analysis is the impugnment of the Constitutional Court’s decision nº 413/2015, which pronounced unconstitutional the norm contained in Decree nº 426/XII, of the Republic’s Assembly, article nº 78, nº2, which intended to allow Intelligence Services access to the so-called “metadata”, as well as to tax and banking information. It is our understanding, and we demonstrate it in our dissertation, that should be allowed the access of, not only the above mentioned information, but also the means known as communications interception and undercover operations to the Intelligence Services, as long as properly supervised and inspected.

O processo sumário e a reforma do Código do Processo Penal de 2013

The present work aims to develop the theme "The summary procedure and the reform of 2013". The purpose of its analysis serves the interest to understand the virtues and disadvantages of the changes introduced by Act n.º 20/2013 to our Code of Criminal Procedure, and the main focus of the present reflection is to further the impact of the measures taken by the legislator to the summary proceedings. The opening of the most serious crimes to summary procedure is a reform measure duly highlighted because it is a true innovation in the Portuguese penal system. Therefore, it urges to analyse not only the consequences of this measure, as well as if the objectives of its introduction in the summary procedure system are met. It should be noted that the legislator intends to promote speedy trial, and at the same time, ensure compliance with the Constitutional rights associated to the accused. At this point it is important to realize if there is a restriction of the accused essential guarantees. On the other hand, it should be noted that the typical characteristics of summary proceedings might have been invariably modified, due to the innovative aspect of the reform. That said, the changes might have fostered a mischaracterization of the typical format of the summary procedure, both in terms of the nature of the proceedings and in terms of its space and objectives within the penal system. Reflecting on the above will provide a deeper understanding of the volatile balance between the Portuguese governing prosecution efficiency and the Constitution, as well as the future of the criminal policy in Portugal.

A presunção de inocência nas fases preliminares do processo penal

This study analyses the principle of presumption of innocence in the preliminary stages of the Portuguese criminal process, its procedural aspect related with the principle of in dubio pro reo and its material aspect concerning the treatment of the defendant during the proceedings. The consequences and manifestations of the principle of presumption of innocence are analysed in the decisions of the closing stages of the preliminary criminal procedure and the application of the principle of in dubio pro reo is analysed in the judgement of sufficiency of evidence for the procedure to continue. It addresses the question of circumstantial evidence, its particular relevance in economic and financial crime, highly organized crime, the grounds for the indictment in general and when the sufficiency of evidence criteria is based on that evidence. It analyses the scope of the principle of presumption of innocence in the application of coercive measures, with reference to the arrest, first interrogation of the accused under detention and reasons for the subsequent dispatch about the measures. The asset assurance measures of preventive seizure and the preventive seizure to ensure confiscation are analysed and principle of presumption of innocence is considered non applicable to those measures.

Relatório de estágio no departamento central de investigação e acção penal

The means of obtaining evidence, the amount of evidence obtained, the number of defendants related to each criminal case and the gravity of the crimes for which the magistrates of the Department are holders of penal action, define its real importance to the Rule of Law. I have deeply studied the subject of the institution of hierarchical intervention required by the assistant and the application of an opening statement by the defendant, starting from a hypothetical case, provided when the query of an investigation with the subject of the crime of active corruption, where this institution was called as a reaction to the archiving dispatch delivered by the Public Ministry. I have study about the implementation of the institution of provisional suspension of the process, specifically in the scope of fiscal criminality, analyzing the effective satisfaction of the purposes of the sentences in two slopes: general prevention and special prevention. I went for my first time to a Central Court of Criminal Instruction, where I attended the measures of inquiry and instructive debate of a process that culminated with the prosecution and pronunciation of the defendants. In addition to this criminal experience, I have deepened and consolidated the academic knowledge with the study of various criminal cases from various fields in the scope of criminality investigated by the Department. I could therefore check the basis of procedural delays, regarding to our legal system, especially in this type of crime, raising issues that I analyzed and discussed, always in a critical and academic way. I had the opportunity to attend and witness a seminar in the Lisbon Directorate of Finance as well of entering the Centre for Judicial Studies to attend a conference on the International Anti-Corruption Day. Focus on the investigatory importance of the international judicial cooperation, through the various organs, with special interest to EUROJUST. I comprehended the organization and functioning of these communitarian organs and means of communication of procedural acts, in particular, the rogatory letters and european arrest warrants. This involvement is motivated by the moratorium factor of the investigations where rogatory letters are necessary for the acquisition of evidence or information relevant to the good continuation of the process. For this reason the judicial cooperation through the relevant communitarian organs, translates a streamlined response between the competent judicial authorities of the Member States, through the National Member that integrates EUROJUST. This report aims to highlight some of the difficulties and procedural issues that Public Prosecutors of DCIAP and criminal police bodies that assist them, face in combating violent and organized crime, of national and transnational nature, of particular complexity, according to the specifics of criminal types.

As apostas desportivas online associadas à combinação de resultados

The present dissertation is aimed at finding out whether the existing criminal protection of the sports ethics value is sufficient, regarding the dangers arising from the global online sports betting market and its characteristics. In the first chapter, the main issue will be introduced: the association between online sports bets and competition manipulations from a criminal point of view. In the second chapter, online sports bets will be defined, the characteristics of the referred global market explained and the danger said features bear to the manipulation of sports competitions exposed – also analysing the participants in this phenomenon. In chapter 3, it will be shown that the protection of sports ethics is a matter of public interest and that this interest is carried out by the sports federations as well. In the fourth chapter, the focus will be the criminal protection of sports ethics: its necessity based on the penal dignity of this system of sport associated values; the need to re-evaluate the existing protection due to the recognition of the existence of the online sports betting market; the existing criminal norms regarding the manipulation of sports competitions. Finally, in chapter 5, the intent will be to propose solutions to the identified problems concerning the sufficiency of the existing criminal legislation.

Operações de vigilância transfronteiras

This master dissertation is a small and humble contribution to a better assumption of the national position on the provisions of Article 40 of the Schengen Implementing Convention, particularly regarding authorities responsible for the implementation of border surveillance. And, above all, aims to be an asset to the strategic definition of this matter within the Public Security Police. To fulfill this aim, we tried to reconcile, against the almost non-existent bibliographic support frame, the professional experience of the several roles in the criminal area of Public Security Police and as a Group 7 National Expert (Mobile Organised Crime Groups) for EU Policy Cicle 2011-2013 – EMPACT Projects (European Platform Against Threats criminal Multidisciplinary) –, with the opinion conveyed by commanders, who perform management functions in the criminal structure of the Public Security Police or, not exercising, to be recognized with high merit in the criminal area.

"A testemunha-vítima e o dieito de recusa de depoimento, no Código de Processo Penal

Study of the problems involved in the application of the right of refusal to testify (Article 134. º CPP) to criminal charges of domestic violence, namely in situations of violence between spouses. Drawing attention, to some of the contingencies of the exercise of the right of refusal in such proceedings, a matter never before examined under Portuguese law, and also to the need to reconsider, based on the North American experience, the application of the law in these cases.

Aplicação das medidas de coacção às pessoas colectivas

1. Legal system of coercive measures and applicability to legal persons: the criminal liability of legal persons, application requirements, fundamental principles; 2. Inapplicability of personal freedom coercive measures to legal persons; 3. Application in the specific case of legal persons: term of identity and residence; provision of security, the obligation of periodic presentation, suspension of exercise of functions, activities and rights, conducts prohibitions and obligations; 4. Break of coercive measure imposed on the legal person.

Relatório de estágio curricular no Ministério Público na Comarca de Setúbal

This report represents four months of study on activities in the public prosecution service at the Local Instance of Setúbal judiciary district, started in September 2014 and completed of the same year. This report was prepared considering all the teachings of criminal law courses and criminal procedural law, doctrine, jurisprudence and all the practical experience experienced with prosecutors. In this context, their traineeship provided contact with different procedural stages: the investigation stage that allowed to understand better the progress of the processing of summary proceedings; the expedient distribution of urgent cases; the investigation stage, as regards the procedural impulse assistant and the accused; and the trial stage. This last phase allowed contact with different types of crimes especially road crimes and the crime of domestic violence. The analysis carried out the summary proceedings in the Public Ministry service would acquire relevant information to explain the incidence of road crimes. Topics will be addressed that were found on stage during the various procedural stages, as the implementation of new judicial map. The relationship between the prosecution and the Criminal Police Bodies was also an issue to be addressed. The work also raises awareness of the issue of archives in order to find out the position of assistant.

A protecção jurídica do consumidor em Angola

The scope of the present work is to study the legal protection conferred upon the consumer in Angola, especially as regards electronic communication agreements. Its purpose is to promote consumers’ rights and contribute to its defence given the relatively privileged position of professionals in their relationship with consumers. With this in mind, we have made a description of the Consumer Law in Angola based on the Angolan Constitution (as the law that establishes the fundamental rights and guarantees of citizens) and on the Consumer’s Defence Law, which, as the basic law regarding consumers’ rights, provides the framework for this dissertation. We have analysed several aspects relating to consumer relationships, starting from its concept and rights of consumers and covering the legal and contractual mechanisms put in place for their protection. We have also analysed the Advertising Law with a view to better understand consumer’s rights before advertising campaigns carried out by professionals whilst promoting their goods and services and, additionally, to understand the duties and principles that shall be complied with in such campaigns with the purpose to protect the rights and interests of consumers. From a criminal point of view, we have briefly covered the crimes against consumers provided for in the Penal Code and the Law of Infractions against the Economy. In the second part of this work, we have summarised the institutions that protect the rights and interests of consumers, which include the Public Prosecutor Office, the National Institute for the Defence of the Consumers and the Consumers’ Associations. The third and last part of this work covers electronic communications agreements. Given the fact that there is no specific legislation in this matter, our analysis was based on the Civil Code – specifically the part relating to contracts – the Law on General Contractual Terms and Conditions and the Consumer’s Defence Law. We have analysed the formation of contracts, compliance and consumers’ rights resulting from contract breach. We further have appealed to the Angolan legislator to legislate certain aspects of consumer relationships, especially those where breach of consumers’ rights are blatant and facilitated by the lack of specific laws addressing such cases.

O regime penal das imunidades dos titulares dos órgãos políticos de soberania

Portugal is one of the countries that has a constitutional regime of immunity. This protects certain individuals in political positions from prosecution under the law. These individuals are said to have a privileged status when compared to ordinary citizens. The purpose of this study is to examine the immunities enjoyed by President, the members of Parliament and the government ministers. The regime of immunities can be found to generate a certain sense of injustice and feelings of mistrust since the individual can not, albeit temporarily, be held criminally responsible for criminal conduct. It is urgent, therefore, to find a consistent justification with the principles and values of the Criminal Law. The Parliament is the place of the exercise of democratic power and, therefore, a member of Parliament assumes a central position in parliamentary activity. For this reason, it will be necessary to determine analysis to determine the meaning the prerogative of criminal irresponsibility. One question that must be asked is to know how the dogmatic plan that the immunities of the political organs of sovereignty must be seen.

Ações encobertas

The global and increasingly technological society requires the States to adopt security measures that can maintain the balance between the freedom, on the one hand, and the security and the respect for fundamental rights of a democratic state, on the other. A State can only achieve this aim if it has an effective judicial system and in particular a criminal procedure adequate to the new criminogenic realities. In this context, the national legislator has adopted, following other international legal systems, special means of obtaining proof more stringent of rights. Within those special means are included the covert actions, that, being a means to use sparingly, is a key element to fight against violent and highly organized crime. Therefore, the undercover agent, voluntary by nature, develops a set of activities that enables the investigation to use other means of taking evidence and/or probationary diligences itself, with the purpose of providing sufficient proof to the case file. In this milieu, given the high risks involved during the investigation, as well as after its completion, the undercover agent can act upon fictitious identity. This measure can be maintained during the evidentiary phase of the trial. Similarly, given the latent threat that the undercover agent suffers by its inclusion in criminal organizations, as well as the need for his inclusion in future covert actions it is crucial that his participation as a witness in the trial is properly shielded. Thus, when the undercover agent provides, exceptionally, statements in the trial, he shall do so always through videoconference with voice and image distortion. This measure can guarantee the anonymity of the undercover agent and concomitantly, that the adversarial principle and the right of the accused to a fair trial is not prejudiced since, in those circumstances, the diligence will be supervised in its entirety (in the audience and with the undercover agent) by a judge.

O fenómeno da criminalidade itinerante

In an increasingly globalized society, the crime appears as a reality that crosses borders. Globalization has potentiated the emergence of new forms of crime, which have been the subject of more interventional, particularly in terms of political, judicial and police authorities as well as civil society approaches. The media allow rapid expansion of criminal methodologies, which aggregate to the ease of movement of itinerant criminal groups, increases the opportunities for the continuation of the practice of criminal offenses, threatening, increasingly, the tranquility and safety of populations. Criminal organizations are characterized by their complexity, thus contributing to the difficulty in combat, by police and judicial authorities, forcing rapid adaptation to new political and criminal reality, particularly at the level of institutional cooperation, national and international, as exemplified by the creation of the "European Area of Freedom, Security and Justice" and new agencies in the field of police cooperation. It was intended with this paper to answer the central question: Is it possible to define a concept of Itinerant Crime in the European regulatory framework (Police and Judiciary)? To fulfill this aim, we performed the characterization of the concept of itinerant crime including itinerant criminal group, we analyzed the work that is being done by the authorities, police and judiciary, in order to contain the phenomenon. Finally, we studied type of existing cooperation at European level between the Member States and the authorities with responsibilities in this area. At the end, we conclude that efforts are being made towards the enhancement of operational, police and judicial cooperation, between the competent authorities of the European Union by combating this phenomenon. Define, and also proposed, a unique concept of Itinerant Crime, in order to be included in the legal standards, in order to facilitate research, in particular to better fit the itinerant crime and assist the prosecution of offenders.

Eutanásia ativa

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 dissertation is to explore the existing structure of the Portuguese legal system on these matters, in a path that is until now mostly in favour of punishment, based on homicide or assisted suicide crimes. Along with the Portuguese dynamic, we want to analyse legal systems that opted by decriminalization and, based on those experiences, shared with our legal culture, scan the viability of a decriminalization procedure. What paths would be viable for such a decriminalization in Portuguese criminal territory? The scope is only to open the eyes of who always wanted to keep them shut, or to who just never tried to open them, because at the end of the day it will always be a discussion that we want to keep light up, since that what we are here discussing is life. We want discussion, not imposition.