Criminal institutions in the nineteenth century: materials for their history

Abstract

In this text, one analyses the Portuguese criminal institutions in the nineteenth century. Starting with the scheming of the European panorama, as far as the prevailing ideas in the criminal science domain are concerned, the author proceeds to an exhaustive and chronological enumeration of the legislation published in Portugal during the whole century, namely after the revolution of 1820. In the second part of his study, the author studies some questions that arose
polemics during the period under analyse, namely the popular participation in the justice administration (not only as to the elegibility of the professional judges but also of the jury), that of the functioning of the criminal apparatus (according to the triple conception of the target of the penalties, of the philosophy of the prisional system and of the repressive legalization), that of the criminal equalization and that of the issue of choosing between the two penal procedural models, discussed in Europe after the French Revolution.