The educational tuition process: divergent and convergent aspects with the Portuguese Criminal procedure | 2017

Author(s) Silvana Francisca Ferreira Andrade
Advisor(s) Flávia Noversa Loureiro
Year 2017

Synopsis With this dissertation, we will try to clarify the difference of the educational tutelary intervention, as opposed to the criminal intervention, with reference to the legally established criteria of procedural structuring, materialized in the subsequent processing of the respective tutelary educational and penal processes. Being aware of the relevance and pertinence of this subject, we are sure that the Educational Tutelary Law is important and complex legal framework, so it will be our goal to consider one of the biggest problems that – since always – has been committed to tutelary intervention educational: we refer in particular to the question of the material analogy that is commonly made to the criminal-legal model, bearing in mind an inevitable and very significant approximation in terms of procedure. It is precisely in this context that the priority axis of this work is emphasized that it is no longer aimed at contributing to a better understanding of the procedural aspects that approach and at the same time distancing the educational intervention of the criminal intervention, always bearing in mind that the purposes of the First – education of the minor to respect the minimum legal rules of social coexistence – are not in line with the aims associated with criminal intervention – protection of the essential legal assets of the community through the commencement and execution of punitive reactions. Concomitantly, taking into consideration some of the legislative changes introduced in the scope of the first revision of the Educational Tutelary Law, after fifteen years of validity, an attempt will be made to launch a critical first look at them, from a perspective that seeks to be eminently practical – judicial nature on which the master’s degree is based, including the irrelevance of the nature of the crime and consequent unnecessary filing of the complaint, the relevance of the withdrawal of complaint, and then reviewing the new configuration of the suspension of the process , issues that will allow us to extract important information at the outset so that efforts can be directed towards combating juvenile delinquency.

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2018-07-17T10:59:55+00:00