1. Constitutional Theory and History

Responsable

Professor Doutor Vital Martins Moreira

Professor Doctor José Domingues

This line of research is dedicated to the study of the legal-constitutional phenomenon in its multiple aspects, with particular emphasis on the Constitutional History of Portugal. In this historiographical perspective, the two main chronological periods of pre-constitutionalism (12th to 19th centuries) and modern constitutionalism (19th to 21st centuries) are included.

Keywords

Legal-Constitutional Phenomenon; Constitutional History of Portugal; Pre-Constitutionalism; Modern Constitutionalism

Document

Constitutional Theory and History - Scientific Prodution (2018-2024)

2. Transnational Public Law

Responsável

Professora Doutora Maria Margarida do Rego da Costa Salema d'Oliveira Martins

This line of research takes into consideration the growing role that is recognised to Constitutional Law and Common Administrative Law vis-à-vis the different national legal orders; in a context of globalisation and the end of the dogma of absolute state sovereignty.

Keywords

Constitutional Law; Common Administrative Law; National Legal Orders; State

3. Fundamental Rights, Dignity, Sustainability, Artificial Intelligence and Social Justice

Responsable

Professor Doctor José Joaquim Gomes Canotilho

Reflection, problematisation and dogmatic construction of the Trinitarian dimensions, but autonomous, interdependent and cooperating, of the Principle of Human Dignity translated into the intrinsic Dignity of the human person, Digitalisation of the World and Sustainability. Construction in the light of the Dignity of the Human Person, as a response to the challenges of today's world and as a path towards Social Justice.

Keywords

Principle of Human Dignity; Intrinsic Dignity; Digitalisation; Sustainability; Dignity of the Human Person; Social Justice

4. International Politics and Security

Responsible

Professor Doctor Vitor Manuel Ramon Fernandes

Objectives

Study of subjects and issues related to international politics and security, considering both relevant theoretical perspectives and the study of specific cases within the area of International Relations and Security.

Keywords

Political Science; International Relations Theory; International Security; Strategy.

1. Law and Bioethics - Legal Scope of Human Life

Responsible

Professor Doctor José A. R. Lorenzo González

Objectives

1. Prenatal legal personality;
2. Surrogate pregnancy;
3. Wrongful birth;
4. Wrongful life;
5. Living will and health care proxy;
6. Euthanasia;
7. Damage of death;
8. Ownership of the human body;
9. Intimacy of private life.

Keywords

Law; Bioethics; Morals; Artificial Insemination; Cloning; Life Extension; Genetic Manipulation

2. Contracts - Modification and extinction of contractual effectiveness

Responsible

Professor Doctor José A. R. Lorenzo González

Objectives

Contractual Regulation is an important part of the Objectives of Research Line no. 2 "Contracts - Modification and extinction of contractual effectiveness", whereby an unmeasured intervention of the law may intolerably fight with individual freedom. In the search for balance, legal norms need to accompany evolution, while imposing limits on scientific research, respecting personal autonomy, but preventing socially unacceptable evolutions.

Keywords

Law; Individual freedom; Contractual freedom; Contractual regulations; Contractual rules

3. Private International Family Law

Responsible

Professora Doctor Ana Sofia da Silva Gomes

Objectives

In this context, research is sought in the following fields:

1. Matrimonial property regimes in the European Union (EU Regulation 1103/2016)
2. Property regimes in registered partnerships (EU Regulation 1104/2016)

Keywords

Matrimonial property regimes of marriage; property regimes of registered partnerships

4. International Private Law for Children and Young People

Responsible

Professora Doctor Ana Sofia da Silva Gomes

Objectives

In this context, research is sought in the following fields:

1. Recognition of parentage;
2. The best interests of children and young people;
3. Hearing of children and young people;
4. Regulation and modification of parental responsibilities regulation;
5. Determination of maintenance and recovery of maintenance abroad;
6. Protection of children and young people in the face of unlawful removal or retention and abduction.

Keywords

Filiation; Best Interest of Children and Young People; Hearing Children and Young People; Regulation of Parental Responsibilities; Maintenance; Collection of Maintenance Abroad; Unlawful Removal and Detention; International Parental Abduction

5. Private property: object, limits, protection

Responsible

Professor Doctor José A. R. Lorenzo González

Objectives

Private property rights, although probably as old as humanity itself, raise new and renewed questions. Within this line of research, we seek to determine:

• Whether intangible things can be the subject of property rights;
• Whether the human body and the body parts that have been detached from it can also be the subject of private property;
• Whether, in view of the numerous limits - especially public ones - placed on it, one can still speak of property or should rather say property;
• Whether arbitration provides adequate and sufficient protection of private property.

Keywords

Property rights; self-ownership; ius aedificandi; arbitration

1. Law and Risk Society

Responsable

Professor Doctor Cristina Aragão Seia

Professor Doctor Marisa Almeida Araújo

Promote the study, research, sharing of experiences, knowledge and dissemination of contemporary challenges that also arise for Law in the risk of the contemporary society, as well as the necessary contribution of this science to sustainable development, in any case, without prejudice to intersectional studies and multidisciplinary. In particular, the following areas will be considered: Environmental law and the right to the environment; Law and technology; Biotechnology, genetics, neuroscience, health; Human Rights in contemporary society; Women as subjects of rights; LGBTQIA+ rights; The Rule of Law in contemporary society; Contribution of Law to the pursuit and promotion of the Sustainable Development Goals.

Keywords

Risk; Sustainable development; Sustainable Development Goals; Contemporary Society; Law and Technology; Environmental Law.

2. Intellectual Property and the Technology Society

Responsable

Professor Doctor Alberto Ribeiro de Almeida

This investigation aims to initiate a set of research work on intellectual property, in a broad sense, in our days. The necessary review of copyright law in the digital society, the establishment of new rights related to copyright, the relationship between intellectual property and human rights, the relationship between patent law and business secrets, the growing relevance of the law of trademarks that acquires new functions and expands its purpose, and the controversial European reform of geographical indications (including the relationship with other industrial property rights, such as designs and models, trademarks or the protection of traditional know-how), are only some of the themes that will be the object of the study that will materialize in texts and events of different nature.

On the other hand, the risk of current societies and the technological revolution, with the digital society, that we are witnessing is reflected in commercial contracting, both in the legal nature of this contracting and in its conformation. These themes deserve in-depth study, and it is time to work on these matters, highlighting them in texts that will be, in addition to research results, useful to the scientific community, including our master's and PhD. students.

There are several topics that can be investigated, namely, distance contracting, automatic contracting, electronic contracting, self-service contracting, dictated commercial contracts, unfair commercial practices, new developments in contracts that have as their object intellectual property rights (including in framework of the digital society), interests, consumer credit contracts, consumer protection, banking contracts, insurance contracts, investment contracts, arbitration, in addition to the multiple new social types of contracts.

Keywords

Risk Society; Law; Technological Revolution; Digital society; Intellectual property; Commercial Contracting; Law Sectors; Contractual Models; Technological Society.

3. International and European Union Fiscal and Budgetary Issues

Responsable

Professor Doctor Manuel Porto

Professor Doctor Vasco Guimarães

Two fields of analysis fall into this line

1. One of them is an analysis of Portuguese taxation in the light of the evolution of International Tax Law; knowledge of what is happening internationally, particularly in the European Union, should be a source of guidance for our system, to avoid unfavourable situations for our businesspeople and, in general, for our citizens.
2. The other field of analysis is the budgetary problems of the European Union, as we enter the decisive process of preparation and approval of the next Multiannual Financial Framework (starting in 2021), with special emphasis on the problem of "own resources", with very marked differences between the interests of different countries.

Keywords

Analysis of Portuguese Taxation; International Fiscal Law; European Union; European Union Budgetary Problems; Multiannual Financial Framework.

1. Criminal Law

Responsible

Fernando José dos Santos Pinto Torrão

Objectives

Essentially theoretical line of research, it questions and adapts the great theoretical-dogmatic systems, from finalism to systemic-functionalism, in the face of the need to transform criminal law in the face of the challenges and threats that national, cross-border and global crime pose to the security of societies (increasingly at risk) and states.

Keywords

Theoretical-Dogmatic Systems; Finalism; Systemic-Functionalism; Criminality; State; Risk Society; Cross-border crime; European and International Criminal Law.

2. Criminal Policy and Punitiveness

Responsible

Maria Leonor Machado Esteves

Objectives

It is the epistemological status within Criminal Sciences that can be summarized in the formula prescribed by Marc Ancel: the investigation of policies. Such research, essentially theoretical, aims at a double opening: on the one hand, the opening of Criminal Law to the systems and models of action and social control taking into account the history of the present time, namely the deep transformations observed in Western society since the 1970s; and, on the other hand, the opening to the empirical evidence produced by the different disciplines constituting criminology. In this scope, another purpose is added, that of questioning the epistemological autonomy of criminal policy, which is recognized today as having a position of domination and transcendence in relation to penal dogmatics.

Keywords

Epistemological Statute; Criminal Sciences; Policy Research; Criminal Law.

3. Criminology

Responsible

Ana Margarida Amorim dos Santos

Objectives

To develop theoretical and empirical studies in the field of criminology and criminal science, through scientific method, deployed in quantitative and qualitative methods. Such methods apply to the study of antisocial and pre-delinquent behaviours, the delinquent, the victim, the criminal police bodies, judicial decisions, the penitentiary system and social reintegration, recidivism, deviant trajectories, the scientific evaluation of policies and practices, as well as the historical and epistemological interdisciplinary analysis at an interface between Criminal Law and Criminology.

Keywords

Empirical Criminology; Theoretical Criminology; Quantitative Methods; Qualitative Methods; Experimental Criminology; Epistemology and History of Criminology.

1. Novas formas de trabalho e novos modelos contratuais laborais. Irradiações. Rumo a um novo direito do trabalho.

Responsável

Professor Doutor António José Moreira

Objetivos

Palavras-Chave

Novas tecnologias; os novos escravos; tempo de trabalho; descanso; faltas; decência.

2. Democracia e disciplina na empresa. Os conflitos laborais e a paz social. O contrato de trabalho desportivo.

Responsável

Professora Doutor Paulo Sousa Pinheiro

Objetivos

O Direito do Trabalho é um Direito de paz.
Porém, os conflitos existem no âmbito das empresas. Ora, numa sociedade democrática, a disciplina tem de respirar a democracia, que emana da Constituição. Importa, pois, dissecar, investigando, a conflitualidade, de que as greves, como arma de reequilíbrio numa relação contratual desnivelada, são o expoente máximo e que, naturalmente, se contrapõem aos poderes empresariais. Encontrar os limites, quer da greve, quer, sobretudo, do poder disciplinar do empregador, é sempre tarefa investigatória em construção, sobretudo quando os modelos de relações laborais são, crescentemente, atípicos, novos e com tendência para facultarem a invasão da privacidade.
O contrato de trabalho do praticante desportivo pode ser paradigmático à luz da tutela da privacidade, do direito à imagem e de outras posições contratuais que podem, por vezes à custa de retribuições elevadas, conduzir ao trabalho do 4º tipo.

Palavras-Chave

Transparência; respeito; ordem; direitos fundamentais; sustentabilidade.