A few ideas about the principle of guilt as anautonomy factor in regulatory law | 2015

Author(s) Ana Marta Dias Crespo Pereira
Advisor(s) Mário João Ferreira Monte
Year 2015

Synopsis “A few ideas about the principle of guilt as anautonomy factor in regulatory law”. The regulatory law has been, all over the years, and from a pratical perspective, one of the most relevant areas of law, but also one of the most fluid and unexplored areas to doctrine and jurisprudence. It has been said that “regulatory law is one of the most rebel areas of law concerning dogmatic categorization, and it has condemned the doctrine to Sisifo´s destiny” 2. Therefore, we need to densify and to give more autonomy to this area of law. In this study we hope to give a small contribution to the reflexion about the autonomy of regulatory law but only in what the principle of guilt concerns. In order to that, we will start by doing a summarized description about the beginning and the expansion of the regulatory law and we will also focus on the elements of the concept of the ilicit of this type of law. After that, we will also analyse the current state of autonomy of regulatory law. These topics that we just mentioned, though they appear to be more theoretical than the next ones, they do play a role of being the background and the starting point to our conclusions about how the principle of guilt in regulatory law operates wether as the base of the principal and accessory sanctions and also (as we defend) as a limit to them. At the end of this study, due to the practical interest that this question assumes, we will make a brief reference about the obligation to state reasons in regulatory law’s decisions.

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