Estatuto Processual da Criança Arguida em Portugal  (a Diretiva (EU) 2016/800 e as alterações ao CPP introduzidas pela Lei 33/2019, de 22.05)

Ana Rita ALFAIATE

doi:10.34625/issn.2183-2705(39.2)2026.v-3

Procedural Status of the Child Accused in Portugal (Directive (EU) 2016/800 and the amendments to the CPP introduced by Law 33/2019, of 22.05)

Authors

Ana Rita ALFAIATE Universidade Portucalense https://orcid.org/0000-0002-4924-9435

DOI:

https://doi.org/10.34625/issn.2183-2705(39.2)2026.v-3

Keywords:

criança arguida, justiça amiga, vulnerabilidade, maturidade, superior interesse, delinquência juvenil, processo penal

Abstract

Directive (EU) 2016/800 promotes the commitment of the parents or legal representative of the accused child,taking into account their specific needs and vulnerabilities; provides for the constitution of a lawyer, becauseyoung people do not always have the capacity to fully understand and follow the criminal process; recognizesa mandatory individual assessment of young people; advocates the obligation of a medical examinationwhenever there is deprivation of liberty; provides for the possibility of recording the interrogation of the youngperson, as a way of guaranteeing suitability for his age and maturity; enshrines the advantages of separatingyoung people and adults deprived of their liberty; and defends specialization. In this text, we look at thetransposition made by Law 33/2019, of 22.05, and try to understand at what moment of the paradigm shift onchildren (and youth) (suspects or) defendants in criminal proceedings we are in Portugal.

References

Accused child; friendly justice; vulnerability; maturity; higher interest; juvenile delinquency; criminal procedure

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Published

2026-04-27

How to Cite

ALFAIATE, A. R. (2026). Procedural Status of the Child Accused in Portugal (Directive (EU) 2016/800 and the amendments to the CPP introduced by Law 33/2019, of 22.05). Revista Jurídica Portucalense , 2(39), 51–65. https://doi.org/10.34625/issn.2183-2705(39.2)2026.v-3

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Issue

Vol. 2 No. 39 (2026): Revista Jurídica Portucalense (Human Rights under Pressure: Global Challenges and Local Tensions)

Section

Varia

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