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: a perspetiva enquanto agentes de crime, execução de pena e reinserção social

Abstract

This dissertation investigates criminality among the older people, focusing on their role as offenders as well as the challenges faced in the execution of sentences and their social reintegration. Through a transdisciplinary analysis, this study seeks to understand criminality perpetrated by older people: the types of crimes committed by this age group, questions of criminal liability and the impact of age on the determination of sentences. Regarding the execution of sentences, the system of home detention is discussed as a justified alternative to effective serving of the sentence, in conjunction with the right to health protection. The study demonstrates that it is useful to consider different criteria and factors when classifying the older people, depending on the area of knowledge, and that the law should act in line with the changing phenomenon of population ageing. It also reveals the scarcity and inaccuracy of adequate statistical data, indicating the need for greater specificity in future criminal statistics related to older people. Nevertheless, it concludes that criminal liability should be the rule for the older people, with exceptions only in legally defined cases. Although there is no explicit legal provision for mitigating sentences due to advanced age, factors such as the offender's personality may influence the determination of sentences. Finally, the research points to the need for specific social reintegration programs for older prisoners and suggests the analysis and adoption of international experiences, such as the Singen prison model, aiming to inspire improvements in the Portuguese system.

Date of Award	3 Feb 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)