Curricular Unit:Code:
Family and Minors Law780DFM
Year:Level:Course:Credits:
2UndergraduateCriminology6 ects
Learning Period:Language of Instruction:Total Hours:
Winter SemesterPortuguese/English78
Learning Outcomes of the Curricular Unit:
1. Ability to understand and analyze critically the main legal aspects of Family Law and Minors, with special emphasis on minors in their social and juridical relationships.
2. Ability to operationalize the rights of minors in practice, with emphasis on simple case studies.
Syllabus:
UNIT 1. General Aspects (1 ECTS)
1. Conceptual Context; 2. Portuguese Legal Scope: 2.1. Types of norms - codified legislation; general not codified legislation; not codified special legislation [on protection and guardianship]. 2.2. Three topics: legal personality; legal capacity; minority; 2.3. European Union norms (Regulations Bruxelles I and Bruxelles IIbis).
UNIT 2. Kinship and similar concepts (2 ECTS)
1. The Portuguese legal scope: 1.1 Maternity; 1.2. Paternity; 1.3. Adoption and civil sponsorship; 2. Union and separation — consequences of parent’s separation for minors.
UNIT 3. The protection of the rights of minors (3 ECTS)
1. An evolutive legal scope: 1.1. Factors of evolution and main legal steps in Portugal; 1.2. Main international texts; 2. The Protection of Children and Young People in Danger Act; 3. The Educational Guardianship Act.
Demonstration of the Syllabus Coherence with the Curricular Unit's Objectives:
1. Theoretical-Practical sessions:
1.1. Description Units 1 to 3.
1.2. Pedagogical objectives: to understand the current legal topics on family and minors, and specifically the national, european and international limits of intervention of promotion and protection of minor’s rights.
2. Tutorial supervision:
2.1. Description: capacity to gather and to read information, ideas, problems, and find solutions.
2.2. Objective: training the implementation of knowledge in order to solve problems in different contexts and global assessment of the learning capacities aiming at being autonomous.
3. Others:
3.1. Assessment of the written texts of students.
3.2. Description: to do a balance, both individual and collective, of tests results.
3.3. Objectives: assess the level of knowledge for the resolution of theoretical problems (first test) and practical ones (second test) on minor’s rights.
Teaching Methodologies (Including Evaluation):
Learning methodologies used in Units 1 to 3: pedagogical expositive method by objective (Theoretical-Practical sessions) completed by methodological support (used in Tutorial sessions).
Assessment is continuous, and includes assessments of the deductive learning aspect (theoretical test on Units 1 and 2)(first element) and of the inductive learning aspect (practical work on Unit 3)(second element).
Each element of assessment has a weight of 50% in the final assessment.
Demonstration of the Coherence between the Teaching Methodologies and the Learning Outcomes:
The learning methodologies used in Units 1 to 3 (pedagogical expositive method by objective) are adapted to the objectives of developing the ability to understand and analyze critically the main legal aspects of Family Law and Minors, with special emphasis on minors in their social and juridical relationships. In particular, the methodological support permits to materialize the objective consisting in the ability to operationalize the rights of minors in practice, with emphasis on simple case studies. These methodologies mutually potentiate the autonomy of the student, both in the deductive learning aspects and in the preparation to the inductive learning.
Reading:
CÓDIGO CIVIL (21.ª ed.)(2017). Porto: Porto Editora.
COSTA E FONSECA, A.C. et al. (2015). As famílias e os desafios da contemporaneidade, Porto Alegre : IBDFAM.
DE OLIVEIRA, G. (2005). Direito da Infância, da Juventude e do Envelhecimento, Coimbra: Coimbra Editora.
MARTINGO CRUZ, R. (2013). Direito da Família: sumários desenvolvidos, Braga: U.Minho /ED/DH-CII).
MARTINGO CRUZ, R. (2017). Parentage establishment and the Portuguese Constitution, Cadernos de Dereito Atual.
MARTINGO CRUZ, R. (2017). A afinidade - breve consideração. Braga: U.Minho /ED/DH-CII).
MOREIRA DA SILVA, E. (2019). A desvalorização (?) do instituto do casamento no direito português, Coimbra, Gestlegal.
REIS OLIVEIRA, C. et al. (2013). Family reunification reunification in Portugal : the law in practice. Lisboa: ACIDI.