Infração penal - Advogados Cabo Verde

1. ↑ negligence. Negligence is a legal and ethical concept characterised by carelessness, inaction and failure to fulfil duties. It involves human conduct that infringes an objective duty of care, potentially causing harm. In medical contexts, examples include abandoning patients, omitting treatment or leaving surgical objects inside a patient. Legally, negligence can result in criminal liability when an individual fails to prevent a harmful outcome despite having the ability to do so. It is considered a culpable form of conduct that stems from indolence, passivity and a lack of necessary reflection. Negligence intersects related concepts such as recklessness, incompetence and sin, demonstrating its complex nature in understanding human responsibility and accountability in various domains.

2. ↑ criminal law. Criminal law is a complex legal system that governs social conduct and criminal behaviour. Rooted in historical traditions such as Roman law and canon law, it aims to protect fundamental rights such as life, liberty and property. The field balances state power with individual rights, emphasising principles of human dignity, proportionality and due process of law. Key principles include legality, presumption of innocence and minimum intervention. Theoretical approaches range from the retributive model (punishment as justice) to preventive and restorative models, focusing on crime prevention and offender rehabilitation. Sources include penal codes, criminal procedure legislation and judicial precedents. Notable scholars such as Roxin, Bitencourt and Figueiredo Dias have contributed significantly to its development. Criminal law ultimately seeks to maintain social order while respecting individual human rights, using legal mechanisms as a last resort to address social conflicts.

3. ↑ contravenção. Uma contravenção, conhecida como "contravenção" em português, é uma infração criminal menos grave regulada por marcos legais específicos no Brasil e em Portugal. No Brasil, o Decreto-Lei n.º 3.688 rege essas infrações, que são julgadas pelos Juizados Especiais Criminais e consideradas infrações menores, como perturbação da paz. Diferentemente de crimes mais graves, as contravenções são puníveis com prisão simples de até 5 anos e não permitem a prosecutação de infração tentada. Na lei portuguesa, um conceito semelhante denominado "contraordenação" é uma infração administrativa punível com coimas sem possibilidade de aprisionamento. A distinção fundamental entre crimes e contravenções não reside na natureza do ato, mas na severidade da punição, com os crimes acarretando consequências legais mais substanciais, como prisão mais longa e potenciais ações criminais públicas e privadas.

4. ↑ detenção. In Brazilian law, detention covers both pre-trial detention and correctional detention. Correctional detention follows a trial, with the accused retaining their legal rights. According to Article 33 of the Penal Code, convicted individuals serve sentences in semi-open or open regimes, as distinguished from incarceration. The open regime involves serving the sentence in a transition house, while the semi-open regime takes place in agricultural or industrial colonies. This approach emphasises rehabilitation and the gradual reintegration of offenders into society, offering more flexible conditions compared to closed regime imprisonment. The legal framework provides a nuanced approach to the management of criminal sentences, focusing on progressive levels of freedom and potential rehabilitation.

5. ↑ law. The law has evolved through complex historical stages, from ancient Egyptian and Sumerian codes to sophisticated Roman legal systems. Ancient civilisations developed organised legal structures, with significant innovations emerging in Greece and Rome. Roman law, strongly influenced by Greek philosophy, was systematically codified and subsequently rediscovered in the 11th century, forming the basis for continental European legal systems. During the Middle Ages, custom and case law replaced rigid Roman codes, with the English royal courts developing common law precedents. Modern legal systems emerged with influential codifications such as the Napoleonic and German civil codes, demonstrating increasing standardisation. Throughout history, law has been closely connected to the development of civilisation, continually adapting to changing social contexts and reflecting national identities through philosophical, cultural and professional influences.

6. ↑ state. A state is a sovereign entity with defined territorial limits, a population and autonomous governance. Originating from the Latin word "status", it emerged from the decline of feudalism and was formally recognised in the Peace of Westphalia of 1648. States exercise sovereign authority through institutions that make and enforce laws, manage economic affairs and provide public services. They can be structured as unitary or federal systems, monarchies or republics, each with distinct organisational characteristics. The main functions include maintaining security, collecting taxes, providing public goods and representing national interests internationally. The concept of the state has been significantly influenced by political philosophers such as Hobbes and Locke and shaped by historical events such as the French Revolution. Its evolution continues in response to global challenges and changing socio-political dynamics.