Lições de Direito Económico e Financeiro, 1º Ano

I – O “DIREITO ECONÓMICO”: O ESTADO COMO PRODUTOR DE BENS E SERVIÇOS E O ESTADO COMO REGULADOR DA ECONOMIA: O PLANEAMENTO E AS MEDIDAS DE ESTÍMULO OU FOMENTO; O ACESSO À ACTIVIDADE ECONÓMICA; II – CONCEITO E TIPOLOGIA DAS EMPRESAS; III – ALGUMAS EMPRESAS EM ESPECIAL; IV – DIREITO PENAL ECONÓMICO E DE EMPRESA; V – “CONTENCIOSO DAS EMPRESAS”; VI – DIREITO DO CONSUMO, DIREITO DAS EMPRESAS E DIREITO PENAL ECONÓMICO; VII – DIREITO DA CONCORRÊNCIA E DOS PREÇOS; VIII – DIREITO MONETÁRIO, FINANCEIRO E DOS MERCADOS DE VALORES MOBILIÁRIOS: INSTRUMENTOS E MERCADOS FINANCEIROS; IX - REGULAÇÃO DO AMBIENTE E DA ACTIVIDADE ECONÓMICA; X - REGULAÇÃO DA QUALIDADE; XI – DIREITO FINANCEIRO PÚBLICO. §I - "ECONOMIC LAW": THE STATE AS PRODUCER OF GOODS AND SERVICES AND THE STATE AS A ECONOMY REGULATOR: PLANNING AND MEASURES OF STIMULUS OR PROMOTION; ACCESS TO ECONOMIC ACTIVITY II - CONCEPT AND TYPE OF COMPANIES III - SOME SPECIAL COMPANIES IV - ECONOMIC AND CRIMINAL LAW COMPANY, V – “LITIGATION IN COMPANIES”; VI - LAW CONSUMER, LAW OF COMPANIES AND ECONOMIC CRIMINAL LAW; VII - COMPETITION LAW AND PRICES; VIII - MONETARY LAW, FINANCIAL AND SECURITIES MARKETS: FINANCIAL INSTRUMENTS AND MARKETS; X - REGULATORY ENVIRONMENT AND ECONOMIC ACTIVITY: X - ADJUSTMENT OF QUALITY; XI - PUBLIC FINANCIAL LAW.

The host-tourist interaction in a world heritage site: the case of Guimarães

Guimarães, in the northwest of Portugal, is a city of strong symbolic and cultural significance and its nomination by UNESCO as world heritage, in 2001, enlarged its tourism potential. In this paper we present a few results of a survey that envisaged capturing the Guimarães residents’ perceptions of tourism impacts and their attitudes towards tourists. Specifically, one analyzes the type of relationship that exists between some socio-demographic groups and the perceived tourism impacts, as well as their socio-characteristics and the existing level of interaction between residents and tourists. The survey was implemented between January and March 2010 to a convenience sample of 540 inhabitants of the municipality of Guimarães resulting in 400 questionnaires with complete data. For this, we made use of various statistical techniques. Using a factorial analysis, we can conclude that the three factors used explain 52.3% of the variance contained in the original variables obtained from the survey. By another side, using a logit model in the analysis and taking as the dependent variable the frequent or very frequent contact with tourists, we found that only the variables referred to perceived positive impacts of tourism, education and the place of residence in urban areas have shown to be statistically significant. We are aware of the multiple ways the issue of residents’ perceptions and attitudes towards tourism can be approached and of the difficulties to get useful policy-oriented insights. This paper is a step in that trail.

Does gender affect visiting a world heritage site?

The city of Guimarães in Portugal is a place of strong symbolic and cultural significance, and the nomination of its historical center as a World Heritage Site in 2001 enhanced its tourism potential. This study presents the results of a survey conducted in 2010 and 2011 to capture the profile and motivations of tourists visiting Guimarães as a cultural tourism destination. The study addressed two main issues: whether males and females have similar or different preferences in choosing the city as their destination, and whether there are gender differences in the perception of the attributes of Guimarães. A better understanding of the gendered nature of the destination is a valuable cue for shaping products and services according to visitors’ preferences. The results suggest that both men and women are aware of the main elements responsible for the city’s World Heritage status. That the destination is a Heritage Site that also offers the opportunity to tour the region has a significant positive effect on male tourists’ choice of Guimarães. Regarding the perceived attributes of the city, results indicate minor gender differences with one exception: Women expressed more apprehension than men regarding the perceived security of the destination.

A generic model for integration of Quality, Environment and Safety Management Systems

Purpose – The purpose of this paper is to propose a generic model of Integrated Management System of Quality, Environment and Safety (IMS-QES) that can be adapted and progressively to assimilate various Management Systems, of which highlights: ISO 9001 for Quality; ISO 14001 for Environment; OHSAS 18001 for Occupational Health and Safety. Design/methodology/approach – The model was designed in the real environment of a Portuguese Organization and 160 employees were surveyed. The rate response was equal to 86 percent. The conceived model was implemented in a first phase for the integration of Quality, Environment and Safety Management Systems. Findings – Among the main findings of the survey the paper highlights: the elimination of conflicts between individual systems with resources optimization; creation of added value to the business by eliminating several types of wastes; the integrated management of sustainability components in a global market; the improvement of partnerships with suppliers of goods and services; reducing the number of internal and external audits. Originality/value – This case study is one of the first Portuguese empirical researches about IMS-QES and the paper believes that it can be useful in the creation of a Portuguese guideline for integration, namely the Quality Management Systems; Environmental Management Systems and Occupational Health and Safety Management Systems among others.

How does gender affect visiting a world heritage site?: the case study of Guimarães

To date few studies have been undertaken in Portugal dealing with the attitudes, motivations, and profile of tourists who visit World Heritage Sites. Also, few studies have dealt with destination image (e.g., Agapito, Mendes & Valle, 2010; Lopes, 2011). As far as it is known, none have approached the issue of gender differences in the choice of a Portuguese heritage destination. Since cultural tourism destinations need to differentiate themselves from each other, appropriate market segmentation must be based on a deep understanding of the customers’ motivations and preferences. Keeping in mind results from empirical literature (e.g., Silberberg, 1995; Beerli & Martin, 2004; Richards, 2004; Pérez, 2009; Sheng, Shen, & Chen, 2008), gender seems to be a possible approach to market segmentation, whether for Guimarães or for other cultural tourism destinations around the world. Located in the north-western region of Portugal, Guimarães is a city of strong symbolic and cultural significance, and the nomination of its historical centre as a World Heritage Site in 2001 enhanced its tourism potential. This study analyses the possible relation between gender and attitudes and motivations towards a World Heritage Site, such as Guimarães. Additionally, the empirical approach used in the study tries to capture differences in the perceived attributes of the city. Commonalities and distinctions within and between groups of tourists, by focusing on the specific characteristic of gender, were analysed. The study addressed two main questions: first, whether males and females have similar or different preferences in choosing the city as their destination; and, second, whether there are gender differences in the perception of the attributes of Guimarães. A better understanding of the gendered nature of the destination is a valuable cue for shaping products and services according to visitors’ preferences.

Does Gender Affect Visiting a World Heritage Site?

The city of Guimar˜aes in Portugal is a place of strong symbolic and cultural significance, and the nomination of its historical center as a World Heritage Site in 2001 enhanced its tourism potential. This study presents the results of a survey conducted in 2010 and 2011 to capture the profile and motivations of tourists visiting Guimar˜aes as a cultural tourism destination. The study addressed two main issues: whether males and females have similar or different preferences in choosing the city as their destination, and whether there are gender differences in the perception of the attributes of Guimar˜aes. A better understanding of the gendered nature of the destination is a valuable cue for shaping products and services according to visitors’ preferences. The results suggest that both men and women are aware of the main elements responsible for the city’s World Heritage status. That the destination is a Heritage Site that also offers the opportunity to tour the region has a significant positive effect on male tourists’ choice of Guimar˜aes. Regarding the perceived attributes of the city, results indicate minor gender differences with one exception: Women expressed more apprehension than men regarding the perceived security of the destination.

Anotação, numa perspectiva de Direito Penal Constitucional, de Criminologia e de Política Criminal, de alguns dos aspectos do Acórdão do Tribunal Constitucional (português) n.º 353/2012, de 5 de Julho de 2012 - o problema da legítima defesa de bens jurídicos individuais e bens jurídicos colectivos, bens jurídicos supra-individuais e/ou bens jurídicos comunitários no meio do Estado de Direito e do Estado Social

o Acórdão do Tribunal Constitucional português n.º 353/2012, de 5 de Julho de 2012, ao declarar a respectiva inconstitucionalidade com força obrigatória geral, colocou em evidência a existência de bens jurídicos individuais e bens jurídicos colectivos, bens jurídicos supra-individuais, bens jurídicos comunitários. Bens jurídicos estes que devem e têm que ser tutelados e protegidos. A legítima defesa pode existir quer em relação à agressão actual e ilícita de bens jurídicos individuais, quer em relação à agressão actual e ilícita de bens jurídicos colectivos, bens jurídicos supra-individuais e/ou bens jurídicos comunitários? Parte muito substancial e importante da Doutrina indica que sim. Mas, então, como reagir, no contexto da hipotética legítima defesa, face à eventual agressão actual e ilícita dos bens jurídicos tutelados, agora com valor reforçado, pelo próprio Tribunal Constitucional? E qual o papel do direito constitucional de resistência? Este artigo pretende fornecer um muito breve contributo para a solução das correspondentes questões. A questão dos Direitos Fundamentais, o Desenvolvimento e a modernidade. § the Sentence of the (Portuguese) Constitutional Court n. 353/2012 of July 5, 2012, declaring its generally binding unconstitutionality, has highlighted the existence of individual legal goods and collective legal goods, supra-individual legal goods, community legal goods. These legal goods, that should and must be defended and protected. Legitimate defense can be either relative to the current and illicit aggression to individual legal goods, whether in relation to the current and illicit aggression to collective legal goods, supra-individual legal goods or community legal goods? Very substantial and important part of the Doctrine would appear so. But then how to respond, in the context of hypothetical self-defense, in the face of possible current and illicit aggression of the protected legal goods, now with enhanced value, by the Constitutional Court? And what is the role of the constitutional right of resistance? This article is intended to provide a very brief contribution to the solution of the corresponding questions. The question of Fundamental Rights, Development and modernity.