O crime de propagação de doença

: o seu significado à luz da pandemia de Covid-19

Abstract

This Thesis aims to analyse the crime of disease spreading, stated in article 283 of the Portuguese Penal Code, in the peculiar context of the Covid-19 pandemic. The theme will be approached starting with the analysis of the norm’s particularities, moving on to the study of the legal framework of public health, especially in the criminal sphere, also looking over regimes such as the purpose of mandatory vaccination and compulsory hospitalization of those infected by a contagious disease. The main goal of this work is to understand the practical applicability of the crime disease spreading, in a health crisis scenario. In fact, the criminal gap in the protection of public health becomes clear as this study evolves – which is reflected in the pragmatic effectiveness of the addressed norm, in this pandemic setting. Finally, it’ll lead to the conclusion that, in the fine sense that the Covid-19 pandemic requires an evaluation of the whole system – and, inevitably, its failures –, it enables the system’s improvement and adjustment for similar future situations.

Date of Award	25 Jul 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)