On the basis of clinical examples and experiments, neuroscientist have argued that the human mind – its emotions and its thoughts – develops according to positive and deterministic laws that occur before the consciousness of a decision. The search for consciousness is explained by neuronal causal mechanisms. Consciousness of a certain decision thus appears as a lengthy process which essentially escapes control and is causally determined. In this sense, all human behavior and decisions are predetermined and caused by unconscious neurological processes and networks. Decisions are necessary consequences of neuronal courses]. In a subsequent and extreme step, the knowledge of these laws would enable us to predict or determine human behavior, giving rise to a new form of determinism, “a neurodeterminism conception”.
Tenured Assistant Professor at Faculty of Law of the University of Coimbra. Member of the Institute for Legal Research of the University of Coimbra. Member of the Scientific Committee of the Institute of Interdisciplinary Research – University of Coimbra. Senior Fellowof the Carol and Lawrence Zicklin Center for Business Ethics Research, Wharton School, University of Pennsylvania. Visiting scholar of the Max-Planck-Institut für ausländisches und internationals Strafrecht, in Freiburg (2003, 2008, 2009). Has published several articles and jurisprudence annotations (90), monographic works (4) and co-edited books (3) in the area of criminal law, economic criminal law and criminal procedural law. Has been invited as key-note speaker in several conferences and seminars, in the scope of law and criminal procedure, in Portugal and abroad.
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