Penas de substituição

: a permeabilidade das ordens jurídicas da “Europa latina” a alternativas de punir a prática de crimes contra a liberdade e a autodeterminação sexuais

Abstract

To commit an offense traditionally leads to the application of a penalty or a security measure. After the abolition of the death sentence and life imprisonment, the prison sentence was the (almost) only penalty used for decades until “alternative sanctions” emerged as alternative forms of punishment. It is not shocking to realize that for certain offenses – in particular the most serious ones – it is impossible to apply a non-custodial sentence, as the freedom of the individual can always mean a threat to the population at large. However, offenses against sexual freedom and self-determination, although they may be associated with different degrees of disvalue or censure, cause considerable social revulsion, in some cases to the same extent as the seriousness of those offenses which cannot be punished by "alternative measures". It is for this reason, among others, that legislation and court decisions between countries are so different, although it can be said that portuguese legislation is one of the least favorable to this phenomenon.

Date of Award	8 May 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Germano Marques da Silva (Supervisor)