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:
The student should be able to:
a) Acquire knowledge and capacity for understanding Family and Minors Law at a level that, going beyond basic knowledge, develops and deepens them, with advanced level learning materials on the legal issues about the family relevant to criminology, the protection of minors and the framework of juvenile delinquency;
b) Apply knowledge in the context of traineeship and professional activities in institutions with legal intervention in the field of minors;
c) Solve problems in Family and Minors Law, through argumented analysis and synthesis;
d) Be able to search for and manage sources of information and documentation;
e) Develop oral and written communication skills, to present ideas to audiences with different levels of expertise;
f) Acquire interpersonal and self-critical skills, enabling her/his autonomous lifelong learning.
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)(elemento 1) and of the inductive learning aspect (practical works in the classroom)(elemento 2).
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:
PEREIRA COELHO, F., DE OLIVEIRA, G. (2016). Curso de Direito da Família, Vol. I, 5.ª ed., Imprensa da Universidade de Coimbra.
CENTRO DE ESTUDOS JUDICIÁRIOS (2018), Direito da Família - Vária, Lisboa: CEJ.
CENTRO DE ESTUDOS JUDICIÁRIOS (2020), Direito da Família e das Crianças – Temas Atuais em Debate, Lisboa: CEJ.
CÓDIGO CIVIL - Livro IV (em papel, edição de 2021). Online: https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=775&tabela=leis
CURA MARIANO, J. (2013). O Direito de família na jurisprudência do Tribunal Constitucional português - uma breve crónica, Julgar, N. 21, pp. 27-45.
DE OLIVEIRA, G. (coord.)(2016). Textos de Direito da Família, Imprensa da Universidade de Coimbra.
MARTINGO CRUZ, R. (2017). Parentage establishment and the Portuguese Constitution, Cadernos de Dereito Atual.
MARTINGO CRUZ, R. (2017). A afinidade - breve consideração. Anuário de Direitos Humanos, pp. 129-137.
Lecturer (* Responsible):
João Casqueira (jcasq@ufp.edu.pt)