Publicação
O Direito de Auto-Defesa do Arguido
| Resumo: | This dissertation focuses on the right of self-representation of the defendant in Portuguese criminal proceedings, as a specific expression of the fundamental right to defence enshrined in the Constitution. It seeks to examine how this right is shaped and limited within the national legal framework, identifying the normative, doctrinal, and jurisprudential foundations that sustain its current configuration.Starting from the notion of self-defence as an expression of the defendant’s autonomy and dignity, the study analyses how Portuguese legislation has balanced this right with the requirements of procedural efficiency and the guarantee of a fair and equitable trial. In this context, particular attention is given to the justifications for restricting self-representation, such as the protection of the proper administration of justice, the need to ensure adequate technical defence, and the safeguarding of the defendant’s own fundamental rights.The dissertation also adopts acomparative law perspective, contrasting the Portuguese approach with that of other legal systems, which display varying degrees of acceptance and implementation of self-representation. This comparative analysis allows for an assessment of the compatibility of Portuguese restrictions with international human rights standards, especially Article 6 of the European Convention on Human Rights.Ultimately, the study examines landmark cases that illustrate the practical consequences of broader or narrower recognition of self-representation and highlight its impact on the balance between individual autonomy and effective judicial protection.The research is based essentially on a systematic interpretation of the Code of Criminal Procedure, the Portuguese Constitution, and the jurisprudence of higher courts, complemented by relevant doctrinal contributions. |
|---|---|
| Autores principais: | Gouveia, Maria Margarida Correia Porto Martins |
| Assunto: | Right of Defense Self- Representation Self-Defense Defendant's Rights Direito de Defesa Autodefesa Autorepresentação Garantias do Arguido |
| Ano: | 2026 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade de Coimbra |
| Idioma: | português |
| Origem: | Estudo Geral - Universidade de Coimbra |
| Resumo: | This dissertation focuses on the right of self-representation of the defendant in Portuguese criminal proceedings, as a specific expression of the fundamental right to defence enshrined in the Constitution. It seeks to examine how this right is shaped and limited within the national legal framework, identifying the normative, doctrinal, and jurisprudential foundations that sustain its current configuration.Starting from the notion of self-defence as an expression of the defendant’s autonomy and dignity, the study analyses how Portuguese legislation has balanced this right with the requirements of procedural efficiency and the guarantee of a fair and equitable trial. In this context, particular attention is given to the justifications for restricting self-representation, such as the protection of the proper administration of justice, the need to ensure adequate technical defence, and the safeguarding of the defendant’s own fundamental rights.The dissertation also adopts acomparative law perspective, contrasting the Portuguese approach with that of other legal systems, which display varying degrees of acceptance and implementation of self-representation. This comparative analysis allows for an assessment of the compatibility of Portuguese restrictions with international human rights standards, especially Article 6 of the European Convention on Human Rights.Ultimately, the study examines landmark cases that illustrate the practical consequences of broader or narrower recognition of self-representation and highlight its impact on the balance between individual autonomy and effective judicial protection.The research is based essentially on a systematic interpretation of the Code of Criminal Procedure, the Portuguese Constitution, and the jurisprudence of higher courts, complemented by relevant doctrinal contributions. |
|---|