Detenção em flagrante delito por particulares

: como pode cada um de nós agir perante um crime?: ensaio sobre uma causa de justificação

Abstract

The present dissertation aims - faced with the scarce literature and general understanding of this issue - to analyse and define the legal framework of the detention in flagrante delicto by individuals. Thus, we began by studying the nature of this legal norm contained in article 255, no.1, subsection b) of the Code of Criminal Procedure, its protected interests and the relevant opposition between a detention concluded by any person and one concluded by a competent entity. We analysed with caution the scarce doctrine and jurisprudence existing to better position ourselves about the controversial question of knowing if the use of coercive means by the individuals to successfully secure the detention is permitted under this figure. In the end of our dissertation, we explain which, in our understanding, is the complete legal framework and the requirements that must be verified for the action of the individuals to be justified under the law and present our doubts and disagreements about the constitutionality of the legal norm contained in article 381 no. 1 subsection b) of the Code of Criminal Procedure.

Date of Award	4 Dec 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sandra Tavares (Supervisor)