A perda alargada

• Autor(a) principal: Marinho, Andreia Sofia do Nascimento
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/104148
• topic: Juízo Central Criminal de Lisboa; Perda alargada; Confisco; Qualificação jurídica; Apreensão de automóveis; Princípios constitucionais; Garantias processuais; Lisbon Central Criminal Court; Extended loss; Confiscation; Legal qualification; Seizure of vehicles; Constitutional principles; Procedural guarantees; Direito

The Master's Degree in Forensic and Arbitration Law allows for a curricular internship to consolidate the acquired knowledge. At the internship, it was possible to deepen the empirical knowledge, achieved through the developed activities and supported by relevant cases consultation and observation. This curricular report, in addition to describing the organization and activities developed at Lisbon Central Criminal Court, also focuses on the development of the extended loss theme and its theoretical and practical relevance. We intend to make known a mechanism that is not widely addressed in the academic context, but that becomes essential in the fight against organized crime, allowing to recover the illegally generated profits. We will start with a brief historical overview of articles 7 and following of Law no. 5/2002, of January 11th, conducting an analysis on its legal requirements, its legal qualification and its procedural procedures. Based on a process consulted during the curricular internship, an analysis is made of the legal regime of assets seized in criminal proceedings, with a special focus on the seizure of motor vehicles. Finally, we will assess whether the extended loss mechanism calls into question constitutional principles and criminal procedural guarantees.