Introdução ao Direito da União Europeia - ISCAL 260

Introdução ao Direito e à Ordem Jurídica da União Europeia - ISCAL 260

• This course, ISCAL 260, covers the introduction to law and legal order of the European Union, taught by Professor Helena Telino.

VI - Divisão do Direito

• The study of law involves grouping legal norms for easier understanding and application.
• Criteria for grouping legal norms include:
  • Purpose of the norms
  • Nature of the regulated legal relationships
• This categorization helps define the scope of each branch of law.

1. O agrupamento das normas jurídicas

• Legal norms are systematically grouped to facilitate comprehension and application.
• This organization considers different criteria, defining the areas of law.
• Examples include purpose (a) and nature of relationships (b)

1.0 Agrupamento das normas jurídicas – a) Finalidade das normas

• This method considers the recipient or target of a law (its objective).
• Two main categories are distinguished:
  • Public Interest: Laws concerning collective or state interests (e.g., Criminal Law, Constitutional Law, Administrative Law).
  • Private Interest: Laws concerning individual interests (e.g., Civil Law, Commercial Law).

1.0 Agrupamento das normas jurídicas – b) Natureza das relações reguladas

• Legal norms can be classified based on the nature of the relationships they regulate.
  • Relationships between individuals: These involve regulations concerning contracts, obligations, and property rights.
  • Relationships between the state and individuals: These regulations concern how the state exercises its authority (e.g., Administrative Law, Fiscal Law, Criminal Law).

2. Ramos de Direito Público

• Covers laws related to the organization and activity of the State and other public entities (e.g. public services, regional and local authorities).
• Includes the relationships between public entities amongst themselves.
• Also covers relationships between public entities and individuals, when the public entity holds authority (imperium).
  • Examples include: Constitutional Law, Administrative Law, Criminal Law, Financial Law, Fiscal Law, Civil Procedural Law, Public International Law

2. Ramos de Direito Público – Direito Constitucional

• This branch of law manages the State's organization and macro-organization of other public bodies.
• Covers the organs of sovereignty and fundamental rights of citizens.
• Principles are primarily outlined in the Constitution of the Portuguese Republic.
• Legislation such as the Referendum Act and Electoral Act, amongst others, supplements the Constitution.

2. Ramos de Direito Público – Direito Administrativo

• This branch of law regulates the organization and activity of the Public Administration.
• It encompasses activities of the Executive branch, excluding those that are legislative.
• Acts of local and regional public authorities are also included in this scope.

2. Ramos de Direito Público – Direito Penal

• This branch establishes crimes and their legal frameworks.
• Also includes contraventions influenced by criminal law.

2. Ramos de Direito Público – Direito Financeiro

• Covers regulations for collecting, managing, and using public funds.
• This includes revenue from taxes, assets, and public loans.

2. Ramos de Direito Público – Direito Fiscal

• This branch of law manages public revenue collection (taxes and fees).
• It determines tax liability, imposes taxes, and collects them.

2. Ramos de Direito Público – Direito Processual (Civil, Penal, Trabalho, Administrativo e Fiscal)

• Procedural law governs court activities and actions of parties involved in legal disputes.
• This involves determining the necessary legal steps to realize substantive rights.

2. Ramos de Direito Público – Direito Internacional Público

• Governs relations between states and between States and other sovereign entities.
• It encompasses customary international law and international treaties/conventions.

3. Ramos de Direito Privado

• Encompasses relationships where parties are on equal footing.
• Two main categories are:
  • Relationships between private individuals.
  • Relationships between private individuals and public entities (when the public entity doesn't exercise authority – "imperium").
• Examples include: Civil Law, Commercial Law, Labor Law, Family Law, Succession Law.

3. Ramos de Direito Privado – Direito Civil

• General or common branch of private law.
• It covers a broad range of legal relationships concerning individuals.
• It encompasses personal status, family matters, succession, abilities, and incapacities, assets (or property), and contract/transactions.
• It is deemed a fundamental or general branch as it applies to many sectors of private law, acting as a general framework.
• It is considered subsidiary; it applies to legal relationships where specific special branches of private law don't.

3. Ramos de Direito Privado – Direito das Obrigações

• This branch of law governs obligations arising from transactions of services and goods.
• Contracts form the primary source of obligations.
• Key principles: autonomy of will and freedom of contracting.

3. Ramos de Direito Privado – Direito das Coisas (Direitos Reais)

• This branch governs situations concerning property (things).
• Property rights are immediately and directly applicable to the property.
• Rights over things are also called "Real Rights."

3. Ramos de Direito Privado –Tipos de Direitos Reais

• Includes "rights of enjoyment" (use and benefit), "rights of guarantee" (security of credit), and "rights of acquisition" (obtaining real rights).

3. Ramos de Direito Privado – Direito da Família

• Governs family-related legal relationships, originating from marriage, lineage, and adoption.
• Covers legal relationships between members of a family.

3. Ramos de Direito Privado – Direito das Sucessões

• This branch regulates the transmission of assets upon the death of an individual.

3. Ramos de Direito Privado – Direito Comercial

• Governs commercial activities (economic endeavors intending to generate profit).
• This covers the production of goods and services, and transactions. The regulations governing this branch are seen as general regulations to commercial matters and not sector specific.

3. Ramos de Direito Privado – Direito do Trabalho

• This branch of law governs employment-related legal relationships.
• Includes employment contracts, collective bargaining agreements, and workers' unions.

4. Outros Ramos de Direito

• Covers areas in law that aren't typically categorized as public or private rights.
• Branches arise because society's needs and economic/technological developments necessitate new forms of regulations.
• Examples are: Consumer Law, Environmental Law, Digital Law, Intellectual Property Law, Economic Law, Sports Law

Time to think (and work) - Problems and Case Studies

• Scenarios involving legal relationships categorized as Public or Private.
• Examples include contracts, license applications, corporate formations.
• These cases will require the student's understanding of each applicable area of law in those situations.

Este quiz aborda a introdução ao Direito e à Ordem Jurídica da União Europeia, com foco na categorização das normas jurídicas. O estudo abrange critérios como a finalidade das normas e a natureza das relações jurídicas reguladas. Prepare-se para testar seus conhecimentos sobre a organização das normas e suas aplicações legais.