A medida de segurança de internamento

: da legislação à realidade prática

Abstract

The internment security measure is enshrined in articles 91 and following of the Portuguese Penal Code. The application of this sanction aims individuals who have committed an unlawful act and are considered unimputable. This is the most restrictive measure of rights, thus, it is seen as an ultima ratio. So, in order for it to be applied, the requirements of article 91 of the Portuguese Penal Code must be cumulatively fulfilled. Article 92, no. 3 of the Portuguese Penal Code allows the internment to be extended for successive periods of two years. Therefore, we may be faced with measures that tend to be for life, which raises questions about the constitutionality of this rule, taking into consideration article 30, no. 1 of the Portuguese Constitution, which forbids for life sentences and security measures or those of unlimited or indefinite duration. Confronting the law with the practical reality of the application of this measure, we found that the flaws existing in the regulation of this measure are not just theoretical problems, but have real consequences.

Date of Award	23 Sept 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Pedro Freitas (Supervisor)