A questão da aplicabilidade da suspensão da execução da pena de prisão
: a prática judiciária em Portugal relativa aos crimes contra a liberdade sexual

  • Inês Martins Fernandes (Student)

Student thesis: Master's Thesis

Abstract

The following work focuses on the application of the suspension of the execution of a prison sentence in the context of sexual criminality. A brief analysis will be made of the purposes and limits of criminal penalties, the absolute and relative theories and also the requirements of general and special prevention. The determination of penalties will be studied, with a focus on substitute penalties, and with special attention to the suspension of the execution of a prison sentence. Subsequently, crimes against sexual freedom will be explored, examining their legislative evolution. Finally, an analysis will be carried out on the criteria that leads Portuguese courts to decree the application of a 'suspended sentence'.
Date of Award4 Oct 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorPedro Freitas (Supervisor)

UN SDGs

This student thesis contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 5 - Gender Equality
    SDG 5 Gender Equality
  2. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Substitute penalties
  • Suspension of the executionof the prision sentence
  • Crimes against sexual freedom
  • Sexual coercion
  • Rape
  • Myths and stereotypes
  • Court's decision criteria

Designation

  • Mestrado em Direito

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