Analysis of Some Structuring Principles in Administrative Offenses Law

Abstract

Historically, the Administrative Offenses Law has its genesis and development in Germany, whose evolution took place after the Second World War, with the German legal and penal system influencing the construction of the current model of Portuguese administrative law. In Portugal, Decree-Law No. 232/1979 introduces into the legal system the regime of administrative offenses, but Decree-Law No. 433/82, of October 27, which through its art. 96 revoked Decree-Law No. 232/1979 and introduced the General Regime of Administrative Offenses (RGCO) and its process in a stable manner. The right of mere ordination is criminal law in a broad sense, so that it justifies the subsidiary application of Criminal Law in cases not covered by the General Regime of Administrative Offenses (RGCO), if the penal rules do not contradict the principles contained in the administrative offenses. Taking into account the structuring principles of the Administrative Offenses Law, the research seeks to analyze some constitutional principles structuring of Criminal Law that are also common to the Administrative Offenses Law, such as the principles of proportionality, guilt and legality. As a result, research has shown that such principles have greater flexibility in the application of this right because the deprivation of people’s freedom is not at stake in Administrative Offense Law intervention.