The Portuguese Penal Code of 1982 and its reform

Abstract

The article analyzes the formation, criminal policy principles and reform proposals of the 1982 Portuguese Penal Code. The methodology is historical-dogmatic, with examination of the legislative process from Eduardo Correia's Project (1963) to final approval, and of the applicable case law. The author identifies as fundamental principles: legality, congruence between the constitutional order and criminal legal interests (with orientation towards the protection of legal interests and moderate decriminalization), the distinction between criminal law and mere social regulation law, the principle of culpability as a guarantee of human dignity, the principle of sociality (socializing purpose of punishment) and the principle of humanity. Regarding the reform, he highlights the need for adjustments in the sanctioning system, especially to enhance substitution penalties and fines, and the changes proposed in the Special Part.