A reinserção social na jurisprudência do Tribunal de Justiça da União Europeia - O que nos falta? O que precisamos?

Abstract

The European Court of Justice’s Jurisprudence has been a crucial source for the interpretation of European Law and of the principles to which the Member-States adhere. Judicial Cooperation in crimi- nal matters demands a mutual respect and understanding of these principles, mainly, the ones directly concerned with punishment and prison sentence executions.This study explores the concept of social rehabilitation in the Portuguese doctrine, using it as an instrument to analyze the ECJJ’s jurisprudence, with the purpose of seeking a mutual understanding regarding social rehabilitation in the European Union. In this analysis, we will highlight the positive contributions of the jurisprudence to this concept, as well as its shortcomings, to which we will add some proposals by revisiting the thought of Alvino Augusto de Sá and Carl Rogers.