O que mudou com a lei 94/2021 para efeitos de dispensa e atenuação de pena?

: análise crítica à alteração do artigo 374.º-B do código penal

Abstract

Portuguese criminal justice has been the subject of a heated debate on the best strategy to effectively combat corruption phenomena, which has divided two factions of the legal doctrine over the decades: on the one hand, those who defend an openness to thinking and consequent monitoring of European trends; and on the other, those who defend that although the treatment of this theme is urgent, they reject the attribution of procedural benefits to the defendant(s) as a solution. This discussion has been progressing until today, and with the emergence of Law 94/2021, the need to discuss these issues is once again more in the agenda. In this sense, the present dissertation seeks to contextualise the institutes of special mitigation and remission of punishment as examples of negotiated justice solutions, and proceeds to expose and explain the motivations behind this legislative change, culminating, finally, in the answer to the target question of this work: What has changed with Law 94/2021 for the purposes of special remission and mitigation of punishment?

Date of Award	24 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Damião da Cunha (Supervisor)