This study aims to reflect on the legal types of abortion when performed by negligence and of intentional and negligent offenses to physical integrity in utero when practiced by negligence comparing with the Spanish legislation where they are typified in the penal code namely in articles 146, 157 and 158 of the CPE respectively. We do not intend to address the issues related to the Voluntary Interruption of Pregnancy but in situations that not fitting within this scope are practiced negligently and in our criminal law have no protection. We will begin by addressing the legal assets in question: intrauterine life and physical integrity of the unborn child which seem to us to be deserving of effective protection by criminal law. We will also address negligence and the timing of the conduct/result that will be relevant for criminal purposes. Finally, we will suggest the criminalization of the acts like what already occurs in Spain.
Date of Award | 22 Jan 2024 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Maria da Conceição Cunha (Supervisor) |
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- Abortion
- Negligence
- Crimes in utero
- Injuries to the fetus
- Offenses to physical integrity
- Legal duty of guarantor
- Default
- Spanish criminal law
Reflexão sobre a criminalização do aborto por negligência e das ofensas à integridade física in utero
Ferreira, R. S. M. (Student). 22 Jan 2024
Student thesis: Master's Thesis