O princípio da audição das crianças em todas as decisões judiciais que lhes digam respeito

Abstract

The principle of hearing (and the principle of participation) of the child in all judicial decisions concerning them is enshrined in various international legal instruments, namely the Convention on the Rights of the Child. In the Portuguese legal system, this principle has also been transposed, with the aim of formally ensuring the right of children to be heard and to have their opinions considered. The application of this right in Portuguese courts has varied depending on the age of the child and the case-by-case assessment of their maturity and capacity for discernment. This dissertation seeks to analyze the extent to which Portuguese courts have guaranteed the application of children’s right to be heard, identifying judicial practice and possible challenges in complying with this principle. To this end, we begin by examining the relationship between the best interests of the child and the principle of hearing the child, followed by a study of how this right is applied across different judicial proceedings, and concluding with a suggestion of iuri condendo. The aim of this work is to show that, although this right is formally recognized, there are still discrepancies in its application and implementation, especially regarding the minimum age for children to be heard and participate in court proceedings. Thus, despite the positive developments we have seen in doctrine and some case law, the full realization of this right still requires a paradigm shift in judicial practice, guaranteeing the active listening of the child. It is with this aim in mind that we set out to provide an answer, so that the best interests of children can be defended, listening to those who can and should rightfully have a say and participate: children.

Date of Award	24 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)