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Objectives

Knowing the financial system sanctioning framework. Substantive and procedural perspectives.

Learning how to apply the general concepts and structures of criminal law to administrative offences: applicable principles and special characteristics of the financial markets offences and sanctions.

Learning how to apply the general concepts and structures of the criminal procedure to administrative offences: special characteristics of the procedure and main issues addressed by the Constitutional Court.

Development of the ability to examine and solve problems, in order to acquire competences for the future exercise of legal functions related to the subject.  

General characterization

Code

37023

Credits

6

Responsible teacher

HELENA PAULA MAGALHÃES BOLINA

Hours

Weekly - 3

Total - Available soon

Teaching language

Portuguese

Prerequisites

Available soon

Bibliography

General BIBLIOGRAPHY:

  • ALBUQUERQUE, Paulo Pinto de - Comentário do Regime Geral das Contra-ordenações, Lisboa: UCP, 2011
  • COSTA PINA, Carlos - Instituições e Mercados Financeiros, Coimbra: Almedina, 2004
  • IDPEE - Direito Penal Económico e Europeu (textos doutrinários), Vol. I, Parte I: «Direito Penal Económico, Direito Penal e Direito das Contra-ordenações», Coimbra: Coimbra Ed., 1998 (papers by Eduardo Correia, Jorge de Figueiredo Dias, Manuel da Costa Andrade, José de Faria Costa, Miguel Pedrosa Machado and Frederico de Lacerda da Costa Pinto)
  • LEONES DANTAS, António - Direito das Contra-ordenações - questões gerais, Braga: AEDUM, 2010.
  • LOBO MOUTINHO, José - Direito das Contra-ordenações, Lisboa: UCP, 2008
  • SILVA DIAS, Augusto - Direito das Contra-ordenações, Coimbra: Almedina, 2018

 

The list of the specific bibliography for each subject is made available on Moodle during the course.

Teaching method

Lectures, discussion of subjects previously assigned and case study based on court decisions, especially constitutional case law.

Evaluation method

Written exam compulsory. Possibility to take into account a grade obtained due to participation in class.

1. For students who do not obtain an evaluation for their participation in class, the final grade will be the grade obtained in the final exam.

2. For students who obtain an evaluation for their participation in class, the final grade will be the highest of the following two:

     a) The grade obtained in the final exam;

     b) An average of the grade obtained in the final exam and the grade for participation in class.

 

Subject matter

The syllabus includes, on the one hand, the general theoretical framework of of administrative offences, as well as the specificities of administrative offences within the financial sector. On the other hand, the syllabus addresses the main issues discussed in the judicial proceedings that deal with these offences, with special attention being paid to the decisions of the Constitutional Court, in order to provide students with the essential tools for the future exercise of their activity in this field.