UL-P Law Review - Revista de Direito da UL-P

Cover & Editorial

Inês Fernandes Godinho, Direção UL-P Law Review — Tue, 22 Apr 2025 00:00:00 +0000

Opening remarks

The Duty of Human Dignity in the Ratton Palace

João Pedro Pereira Cardoso — Mon, 17 Mar 2025 00:00:00 +0000

Introduction
Abstract danger crime
Principle of proportionality
Right to the free development of personality
Freedom of profession/work and economic initiative
Right to social security
Human trafficking for sexual exploitation
The special vulnerability of the victim
Conclusion

Practical Analysis of a Ruling

José Rodrigues da Cunha — Mon, 17 Mar 2025 00:00:00 +0000

Practical Analysis of a Ruling

The telework in the Portuguese and Cape Verdean legal systems:

Catarina Sampaio , Susana Machado — Wed, 12 Mar 2025 00:00:00 +0000

The telework regime in Portugal is subject to new rules as of 1 May 2023. Law 13/2023 of 3 April was published, amending the Labour Code - hereinafter referred to as CT - as part of the decent work agenda. The importance of teleworking has tended to increase in recent years, as the technological revolution has deepened and the use of telematic means has become more widespread, as well as the COVID-19 pandemic, which has led to more intensive and compulsory use of teleworking. Faced with this phenomenon, the Portuguese legislator earmarked and amended some of the CT's rules for this contractual modality. This is no longer the case in Cape Verdean law. Legislative Decree 11/2018 of 5 December, which regulates teleworking, has not undergone any changes since its publication. Despite being recent, it presents a legal framework for teleworking that predates the COVID-19 pandemic but is capable of responding to various needs. In this way, we intend, throughout this work, to address the figure of teleworking and some of the aspects of its legal regime in force in Portugal and Cape Verde. In this respect, we were able to draw some comparisons between the two legal systems and understand how each one corresponds to this new reality.

The misconceptions of legal-philosophical approaches to Heideggerian thought:

Luiza Nogueira Barbosa — Wed, 12 Mar 2025 00:00:00 +0000

This article revisits an old discussion: the approximation of existential-ontological philosophy to the philosophy of law. Through a reassessment of the theoretical approaches that emerged especially from the 1950s onwards, the study seeks to demonstrate that these approaches suffered from reliance on distinct phenomenological foundations and, ultimately, in relation to their engagement with Heideggerian philosophy, from a fragmented understanding of the proposal that Heidegger presented, particularly in his writings after the Kehre. This is the contribution of this work: a step toward a metontological understanding of law, which will be further explored in the near future.

The crime of money laundering

Mário Rui Costa Lourenço — Thu, 20 Feb 2025 00:00:00 +0000

Abstract: This article aims to analyze the crime of money laundering in the Portuguese legal system.

Table of Contents:

Introduction
Stages of Money Laundering: Placement, Layering, and Integration
Techniques and Methods Used in Money Laundering
The Legal Interest Protected by Criminalization
Elements of the Crime
5.1. Objective Element
5.2. Subjective Element
5.3. Penalties
Special Forms of the Crime: Attempt, Negligence, Participation, and Concurrence
Conclusions

Right to knowledge of genetic origins and contestation of parentage: an egalitarian approach

Tiago Vitória Carvalho — Wed, 12 Mar 2025 00:00:00 +0000

In this study, invested in the right to know one's genetic origins, we will try to ascertain whether, with regard to challenging filiation, all of us, regardless of the circumstances surrounding conception or birth, can challenge untruthful maternity or paternity. Furthermore, we aim to contribute to a future perspective characterised by equality and non-discrimination against children born in or out of wedlock.

The so-called "stealthing" (removal of the condom without consent) – New directions for sexual fraud in Portuguese law?

Bruno de Oliveira Moura — Wed, 12 Mar 2025 00:00:00 +0000

The criminal relevance of the so-called “stealthing” (primarily seen as non-consensual condom removal) is a controversial issue in several places around the world. This article addresses the problem in the light of Portuguese Criminal Law, discussing its possible lege lata frameworks and lege ferenda alternatives. It is concluded, based on legal dogmatics requirements, that the incriminating norms in force do not allow classifying stealthing, qua tale, as a criminal offense and that the most appropriate angle for legislative politics debate on the need for reform of Statutory Law is not the perspective of crimes against sexual autonomy, but rather the perspective of crimes against physical integrity (health) and reproductive self-determination.

Review of The Environmental Impact of Overpopulation

Pedro Ferreira — Fri, 21 Mar 2025 00:00:00 +0000

Review of The Environmental Impact of Overpopulation