Learning outcomes of the curricular unit

To know the system of the fundamental rights and liberties consecrated in the Portuguese Constitution. We intend, within this purpose, to elaborate a general theory of fundamental rights, although the beginning point and the arriving point are the knowledge and reflection of the existing Portuguese constitutional order. The student must be habilitated to solve eventual conflicts of overlapping or collision on the fruition of rights. The student must also be habilitated to distinguish the differentiated regimens concerning the rights, liberties and warranties and the social rights. This last differentiation has particular importance in our current situation given the shortage of financial means affecting the public treasure. We also include the knowledge of the means of protection and the remedies intended to preserve the fruition of rights and, eventually, to end their violation.

Syllabus

I. Concept of fundamental rights
II. Evolution of fundamental rights
III. Fundamental rights in the Constitution of the Portuguese Republic. The substantial meaning of fundamental rights
IV. General regime of fundamental rights
V. Categories (types, classifications) of fundamental rights
VI. Specific juridical regime of rights, liberties and warranties
VII. Limitations to rights, liberties and warranties and the intervention of the legislator; requirement of  restrictive laws
VIII. Protection of rights, liberties and warranties
IX. Economic, social and cultural rights
X. Fundamental obligations
XI. The regional european system of Human Rights protection. The Council of Europe and the European Convention of Human Rights. The European Court of Human Rights. The individual application mecanism.