The comprehension of the crime of aggravated theft by breaking and entering in certain enclosed spaces requires an analysis of the conceptualization of the substantive norm and of the norm that defines the said mode of execution as well as the analysis of the complex connection that is established between them. From this exegesis, we can conclude that it is the incriminating norm that establishes those spaces. Considering (as it should be) the term “house” in a broad and heterogeneous sense but always as an autonomous space, then the substantive norm does not cover the “enclosed space contingent to it” exclusively foreseen in the defining norm. The demand of intelligibility of the said norms, the coherence of the connection between them and the filling of that protection hiatus requires a change of the norm texts, a deep change in the case of the defining norm.
| Date of Award | 3 Nov 2017 |
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| Original language | Portuguese |
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| Awarding Institution | - Universidade Católica Portuguesa
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| Supervisor | José Damião da Cunha (Supervisor) |
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- Substantive norm
- Defining norm
- Polyhedral legal asset
- Organizational teleological equivalence judgment
- Reference to
- Housing even if mobile
- Commercial or industrial establishment
- Other encolsed space
- House
- Enclosed space contingent to it
O crime de furto qualificado previsto no artigo 204.º, n.º 2, al. e) do código penal e a definição legal de arrombamento
Esteves, H. J. R. (Student). 3 Nov 2017
Student thesis: Master's Thesis