Percorrer por autor "Rodrigues, Ana Rita Gaspar"
A mostrar 1 - 1 de 1
Resultados por página
Opções de ordenação
- A lei n. º 5/2002 de 11 de janeiro : derrogação de princípios constitucionais em prol de um regime de suspeição?Publication . Rodrigues, Ana Rita Gaspar; Alves, Rogério Paulo CastanhoThe aim of this dissertation is to reflect on what has been the way forward in the fight against corruption, at national level, through Law no. 5/2002, of 11 January, on Combating Organised Crime. Far from being a consensual topic, the aim of this study is to encourage discussion and the confrontation of ideas on a subject that over the years has come to occupy its place in the social sphere. As it is a subject that deserves its own context and due explanation, we will begin our study with a brief contextualisation of the regime and the assumptions for its application. This will be followed by a technical analysis of the concept of "presumption" and the extent to which the reversal of the burden of proof is an exception and complication under the law in question. Subsequently, we will move on to the substance of this study, which will focus on confronting the legislative formulation per se, the TC's position on the free assessment of evidence and the right to a fair trial. We will draw the appropriate and final conclusions.