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Class Civil Protection Law

  • Presentation

    Presentation

    Civil Protection Law is a recent legal discipline in our legal system, whose object is the study of the system of norms that set up the legal framework for the activity of civil protection and its connection with other branches of law. The growing complexity of modern societies, together with the increase in natural disasters and environmental risks, gave rise to the construction of a system of structures and agents, based on fundamental principles, with a constitutional matrix resulting from its projection in the domain of the State's fundamental tasks. As an activity aimed at the protection and assistance of legal assets with constitutional protection, Civil Protection is structured today based on a system of rules in permanent interaction with other branches of law, from constitutional law, administrative law, and criminal law to non-contractual legal regime of the State and other public entities, whose knowledge is mandatory for those who exercise the activity in this field. 
  • Code

    Code

    ULP928-11805
  • Syllabus

    Syllabus

     The constitutional protection of the right to protection - fundamental rights Sources of Law - The Constitution, European and International Law and Domestic Law The fundamental tasks of the State Human Security in the context of the Risk Society The political organization of the State - unitary state, insular autonomous regime, and autonomy of local authorities Decentralization and the principle of subsidiarity - its projection in the organization of Civil Protection The legislative process - hierarchy of laws Public Administration - fundamental principles The National Civil Protection System - fundamental principles. The Basic Civil Protection Law and other structuring legislation of the National Civil Protection System Civil Protection in the European Union Civil Protection at the international level - The UN The Legal Regime of Non-Contractual Civil Liability of the State and Other Public Entities Criminal liability of Civil Protection agents
  • Objectives

    Objectives

       Acquisition of legal knowledge that allows for an understanding of the normative dimension of the civil protection activity. Starting from the analysis of civil protection as an activity of protection and relief of legal assets with constitutional dignity, in an environment of pre-understanding the current context of new and global risks and threats in contemporary societies, students must acquire legal knowledge that enables them to interpret and apply the structuring diplomas of Civil Protection, the related norms of constitutional law, administrative law, criminal law, and also the legal regime of the State's extra-contractual civil liability. Students should also be able to understand the main European and international legal instruments in this field, thus acquiring the necessary skills to perform their missions in the field of Civil Protection. 
  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    The method of teaching is based on the presentation and discussion of the programmatic contents of the discipline, privileging in exposure to theoretical-practice aspect with incidence in real situations, experienced or knowledge of students.   Students are demanded for research, critical analysis, and study of practical cases, according to content exposure, motivating the study outside contact hours with the goal of the development of their skills.   Student skills will be assessed at various times, designately: - 2 written tests of equal weighting in the final assessment (40% + 40%): - Assessment pertaining to participation in the learning process (10%), namely the presentation of weekly practice individual work, answer to questions posed: - 2 comparative practice case research, in group work (10%), their critical analysis, presentation and defense throughout the Semester
  • References

    References

     AA, Comentário ao Regime da Responsabilidade Civil Extracontratual do Estado e demais Entidades Públicas , (org. Rui Medeiros), 2013, Lisboa: Universidade Católica Editora Andrade, José Carlos Vieira de, Os Direitos Fundamentais ¿ A Constituição Portuguesa de 1976 , 1987, Reimpressão, Coimbra: Almedina, pp. 11-42. CUNHA, NOÉMIA SALGADO - Sociedade de Risco e Proteção Civil , Lisboa, Chiado Editora, 2014 Gouveia, Jorge Bacelar, A afirmação dos direitos fundamentais no Estado Constitucional Contemporâneo, in AAVV, Direitos Humanos ¿ Teorias e Práticas (Org. Paulo Ferreira da Cunha), Almedina, Coimbra, 2003, pp. 53 e ss. Leal-Henriques, Manuel / Santos, Manuel Simas, Noções de Direito Penal , 2020 - 7ª Edição, Lisboa: Rei dos Livros Miranda, Jorge / Medeiros, Rui, Constituição Portuguesa Anotada, Tomo II, 2006, pp.247-278, ISBN 972-32-1373-7 Oliveira, Fernanda Paula, Dias, José Eduardo de Oliveira Figueiredo, Noções Fundamentais de Direito Administrativo , 2017, Coimbra: Almedina   
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