Base Knowledge
None.
Teaching Methodologies
Theoretical classes are based on the theoretical and dogmatic components of Introduction to Law, with the respective illustration through the analysis of practical cases, with the following breakdown:
1.Face-to-face: – Theoretical-practical classes: Presentation of the syllabus and resolution of practical cases and case law.
2.Autonomous: – Reading of scientific articles. Specific resources: – Solved practical cases.
Learning Results
1. Introduce students – through a thematic, selective and critical approach – to some of the most relevant problems of the normativity of the Law.
2. To introduce the normative orders, the functions and characteristics of the legal order, its fundamental values, as well as legal protection and its effects.
3. Present the main sources of law and the distinction between the ways in which they are created, especially laws.
4. Understand the division of the Portuguese legal system and the practical importance of distinguishing between the main branches of law.
5. Provide students with theoretical and practical knowledge about the interpretation of the law and the application of the law in time.
6. To teach students how to think about law, equipping them with the necessary theoretical skills and applying them to the resolution of legal cases.
Program
Chapter I
THE LAW
1. THE LAW (OBJECTIVE)
2. LAW AMONG NORMATIVE ORDERS: RELIGION, COURTESY AND ETHICS
3. THE LEGAL ORDER AS A NORMATIVE ORDER – THE LEGAL NORM. FUNDAMENTAL PROBLEMS
3.1 Objective law and subjective rights
3.2 Definition and structure
3.3 Characteristics of legal norms
3.4 Classification of legal rules
4. THE FUNDAMENTAL VALUES OF LAW
4.1 Justice, fairness, security and certainty
5. LEGAL PROTECTION. PRIVATE GUARDIANSHIP AND PUBLIC GUARDIANSHIP
5.1 Private justice and public justice
5.2 Compulsory protection (compulsory measures)
5.3 Repressive protection
Chapter II
SOURCES OF LAW
1. WAYS IN WHICH LEGAL NORMS ARE CREATED. THE SOURCES OF LAW
2. LAW
3. CUSTOM
4. JURISPRUDENCE
5. DOCTRINE
Chapter III
MAJOR SYSTEMS OR FAMILIES OF LAW
1. THE DIVISION OF THE LEGAL SYSTEM: BRANCHES OF LAW (INTERNATIONAL LAW AND DOMESTIC LAW)
1.1 PUBLIC LAW AND PRIVATE LAW
1.2 THE PRACTICAL IMPORTANCE OF DISTINGUISHING BETWEEN THE VARIOUS BRANCHES OF LAW
1.3 PUBLIC LAW
1.4 PRIVATE LAW
1.5 OTHER BRANCHES OF LAW
1.6 COMMUNITY LAW
Chapter IV
LEGAL METHODOLOGY
1. INTERPRETING THE LAW
1.1 Forms of interpretation
1.2 Elements of interpretation
1.3 Results of interpretation
2. INTEGRATION OF THE LAW
3. THE PROBLEM OF APPLYING THE LAW
3.1 THE APPLICATION OF LAWS IN SPACE
3.2 THE APPLICATION OF LAWS IN TIME
Curricular Unit Teachers
Roberta Silva Melo Fernandes Remédio MarquesInternship(s)
NAO
Bibliography
BIBLIOGRAFIA OBRIGATÓRIA
SANTOS JUSTO, António, Introdução ao Estudo do Direito, 14.ª edição, Almedina Editora, Coimbra, 2024.
Código Civil
BIBLIOGRAFIA COMPLEMENTAR
LOPES LUÍS, Sandra, Introdução ao Estudo do Direito – Sumários das Aulas Práticas e Hipóteses Resolvidas, 4.ª edição, AAFDL Editora, Lisboa, 2022.
NOGUEIRA BRITO, Miguel. Introdução ao Estudo do Direito, 3.ª edição, AAFDL Editora, Lisboa, 2022.