A pena relativamente indeterminada no tratamento jurídico-penal dos jovens adultos

Abstract

Dangerous imputable offenders represent a challenge to contemporary societies, serving as an inevitable indicator of the effectiveness of penal systems in what concerns preventing recidivism and promoting resocialisation. Within the Portuguese criminal justice framework, young offenders receive specialised treatment through the Special Criminal Regime for Young Offenders and through specific provisions in the Penal Code, including the Relatively Indeterminate Sentence. This study aims to assess the efficacy of the Relatively Indeterminate Sentence as a legal-penal response to tendency-driven delinquency and substance-related offences— specifically those involving alcohol and narcotics—among young adults under the age of 25. It also promotes a critical reflection on the sentence’s resocialising potential, based on an analysis of existing data concerning its application and enforcement within this specific demographic. An initial overview of the legal framework governing the Relatively Indeterminate Sentence is presented, followed by a discussion of pressing contemporary challenges facing young individuals, with reference to the age of criminal responsibility and the inadequacies of the RPEJ. Additionally, the study offers a brief analysis of 21st century juvenile delinquency trends and their subsequent challenges for offender (re)socialisation processes. Finally, using the available official data, relevant scientific literature, and interviews conducted with experts in the Judiciary and Forensic Psychiatry fields, the research seeks to determine whether the Relatively Indeterminate Sentence serves its intended resocialising function for offenders under 25 years of age, thus reducing the risk of persistent criminal behaviour in young adults.

Date of Award	21 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria da Conceição Cunha (Supervisor)