Abstract

The Portuguese Penal Code of 1995 provides for the crime of breaking a professional secret. One type of this crime is breaking the sacramental seal. This study is divided into two parts: one dedicated to the crime of breaking the sacramental seal in the sacrament of confession considered under its canonical aspect, and the other under its civil. The canonical aspect looks at the history of this crime and also its doctrinal development, especially with regard to the distinction between secret and seal, and also how they can both be broken directly and indirectly. The civil aspect studies the development which this topic has had in Portuguese criminal law, from its punishment with the death penalty in 1769 or life imprisonment in 1852, right up to its punishment with a year in prison or a fine in the Penal Code of 1995.

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