Ethics and Professional Ethics

Good command of the Portuguese language, both in terms of grammar and spelling, in conjunction with the specific demands of the logic and rationality of legal discourse, combined with technical-legal rigor, which requires a firm grasp of forensic matters .

Theoretical-practical classes, with debate sessions and participation of Master’s students, upon prior indication of the topics and controversial issues to be addressed. Special consideration and attention to teaching with practical and valid repercussions for future forensic life, whether in terms of gaining immunizing “anti-bodies” against bad ethics and professional deontology, or in terms of improving and gaining a forensic professional ” good”, humanly valid, worthy and compatible with the minimum or essential emotional intelligence, required by everyone who has to give “a voice to those who have no voice”, without taking their voice, hindering their voice or preventing their voice, allowing them to be offended their essential fundamental rights, thus sliding towards the inclined plane of less protection of such rights, against the current considered and constitutionally codified paradigm of higher or “performing” protection.

C1. Knowledge – Of the constitutional paradigm considered and codified in terms of fundamental rights and its interplay with the minimum ethical and deontological rules imposed in light of the constitutional role attributed to Public Professional Associations. Understanding the characteristics and functioning of the solicitor’s office and “executive agency”. Analysis of the legal framework applicable to solicitors and “executive agency”. C2. Understanding – Perception of the advantages of solicitors, as a form of collaboration in the administration of justice and increasing social peace. C3. Application – Efficient evaluation of the information made available by the parties regarding each conflict, in order to select the best judicial means of resolving each conflict. Ability to qualify facts and resolve practical cases. C4. Analysis – Perception of the Solicitor’s role and intervention in the administration of justice, in general and in particular, in declaratory action and civil executive actions.C5. Formulation of judgments – Ability to study independently. Development of critical opinions and perception of the essential importance of the “question of constitutionality” in defense of fundamental rights, in the context of the Constitutional Court.

1. History of the solicitor’s office/and “execution agent” and its legal framework (constitutional, legal and regulatory)

2. Winds of Change in Forensic Ethics and Deontology – Analysis of the implications of Laws 6/2024, 7/2024 and 10/2024, of 19 January.

3. The “moments of crisis” in Forensic Ethics and Deontology and the (non) role of the Solicitor and the Execution Agent in the “question of constitutionality”.

4. The duties that “remain” and those that “disappear” after 2024: navigational error or “natural evolution”?!

5. Ethics, Deontology and duties: in accessing and exercising the forensic profession.

6. Professional responsibility: criminal, disciplinary and civil (in particular the interplay of the violation of ethical-deontological and professional duties and its projection into the violation of fundamental rights and the specific theme of “loss of chance”)

7. Old and New Requirements for Solicitors and Execution Agents.

8. An overview of the new challenges arising from recent legislative changes: new directions for Solicitors and “executive agency” at the dawn of the 21st century?

POSSIBLE EVALUATION METHODS:

The assessment includes:

1st Option: Continuous (distributed) assessment of an article (paper) (twenty points) + a final test (twenty points), with the final result being weighted by division by a factor of 2 [20 + 20 : 2 = Final Grade]. Only students who attend classes in full have access to this assessment method, with 4 absences permitted (non-working students) and 8 absences (working students), with justification permitted, under the terms permitted by law. The scientific article (A 4 and 12 to 15 pages, according to the Model provided to students in class) is assessed using the following criteria: i) Presentation and systematization of answers; ii) Relevance of content (with doctrinal references to at least 5 relevant works and 3 case law judgments, from common and/or constitutional courts); iii) Ability to reason and criticize the subjects taught; iv) Complementary content provided by the student; v) Care should be taken when writing and presenting answers, from a spelling and grammar perspective, as well as in the coherence or logic of reasoning.

2nd Option: the final exam, in the various periods (regular, re-sit and special). The student is also subject to an oral exam, whenever he obtains, in the final exam (not applicable to continuous or distributed assessment), a grade between 6 and 9 points. Only after the oral exam will the student's final grade be determined.

NAO