6533b7defe1ef96bd1276341

RESEARCH PRODUCT

"Uma cruzada santa e humana que arrancará o crime do seu meio social": o socialismo penal de Afonso Costa

Oscar Ferreira

subject

juventude delinquente[SHS.DROIT] Humanities and Social Sciences/LawFree willcriminal socialismpenologiaDéfense socialesocialisme pénallivre arbitrioDéfense sociale nouvelledefesa socialpénologieCriminal law theorylegal socialismSocialisme juridiquesocialismo penalDroit pénalJeunesse délinquantesocialismo juridicoJuvenile delinquencydireito penalcriminologyLibre arbitreSocial defence

description

Central but controversial figure of the First Portuguese Republic (1910-1926), Afonso Costa (1871-1937) was also a professor at the Faculty of Law in Coimbra, before leaving to found and direct the Faculty of Social Studies and Law in Lisbon in 1913. Although he taught civil law, political economy and judicial institutions, Costa attracted attention for his academic work in criminal law, where he displayed his socialist convictions. As a Portuguese representative of the 'socialism of jurists', he was, along with Filippo Turati, Napoleone Colajanni and Michelangelo Vaccaro, part of the socialist criminal 'school' (or social 'school' of criminal law), which was known to have discarded the notion of free will in order to emphasise the importance of economic and social factors in the genesis of crime. Enlightened in this way, the social phenomenon of crime could receive its remedy: the adoption of integral socialism, which was to penetrate all criminal law. This led to a theory of "true" social defence, protecting the entire political community and not just the wealthy classes; a thesis that, paradoxically, would also nourish the penal reflection of the Salazarist professors.

yearjournalcountryeditionlanguage
2023-01-01
https://hal.science/hal-03632419