Education for Human Rights, it's needed

Conference proceedings article


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Publication Details

Author list: Guimarães, A. P., & Rebelo, F.
Place: Valencia
Publication year: 2019
Start page: 6950
End page: 6956
Number of pages: 7
ISBN: 978-84-09-08619-1
Languages: English-Great Britain (EN-GB)


Abstract

The main objective of this study is to analyse the perceptions of the law students on the human rights,

specifically their knowledge and sensitivity regarding to the purposes of penalties. The application of

criminal sanctions aims the protection of juridical assets and the reintegration of the agent into the

society, with useful purposes, to safeguard legal peace in society and to avoid in the future the

committing of other crimes by the condemned. In this sense, the execution of penalties should be

oriented to promote that the condemned, after serving the sentence, be prepared to live responsibly in

the community. Considering the constitutional principle of human dignity, it should be left to the

condemned, as far as possible, during the execution of the sentence, his self-determination for his future

resocialization. The application of penalties for purely retributive purposes is excluded and whenever

possible, because of short prison sentences have been viewed negatively for having a stigmatizing

character and criminogenic effects, it is planned to replace them with other non-custodial alternative

sentences (such as fines penalties and community work consented by the condemned).Due to the

constitutional principle of human dignity, the death penalty, the penalty of life imprisonment, the forced

labour and corporal punishment are prohibited. Contrary to the humanist characteristic of the

Portuguese Penal Code there is a popular tendency that defends heavier penalties, criminal sentences

that are less respectful to the human dignity and the punishment of the condemned justified only by the

punishment itself. In this research it was intended in particular to know how the students of the 2nd year

of the Law Course from Oporto Portucalense University, in the academic year 2018-19, face the function

of criminal penalties, after having learned Political Science and Constitutional Law in the 1st year and

before being taught the program content of the curricular unit of Criminal Law. To achieve this goal,

surveys were developed and then answered by 90 students. The results show that students need to be

sensitized to the human rights dimension, since they have a vision that does not coincide with the one

that is legally established and far from constitutional rights and guarantees. It was concluded that the

majority adheres to the populist tendencies of the Criminal Law, being essential and necessary in the

Academy an education more accentuated and effective for the human rights dimension.


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Last updated on 2019-12-07 at 09:46