O internamento do maior (des)acompanhado à luz da Constituição

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The rules of the custodianship act that provide for the compulsory internment of the adult person, as legislative measures that deprive physical liberty, violate the constitutional demands that prevail in the context of restrictions on fundamental rights. This follows, on the one hand, from a stricter interpretation, based on the principle of the constitutional typicality of deprivation of liberty measures, and on the other hand, from a more moderate understanding, which tolerates restrictions that are not expressly authorized by the Constitution, without disregarding the respect of the principles of a State of fundamental rights.
Original languagePortuguese
Issue number41
Publication statusPublished - 2020


  • Compulsory internment
  • Fundamental rights
  • Physical liberty
  • Restrictions

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