A influência da psicologia no discurso do sentenciador: severidade "punitiva"e psicologização na justiça de menores

RESUMO: A presente dissertação, integrada no Mestrado de Psicologia Forense e da Exclusão Social, da Universidade Lusófona de Humanidades e Tecnologias, tem dois objectivos fundamentais: a análise da severidade das medidas tutelar educativas, na Justiça de Menores em Portugal e, avaliar o contributo do saber da Psicologia, no momento da decisão e escolha dessas mesmas medidas, pelo aplicador da lei. Para isso, foram analisados 58 Processos Tutelares Educativos, presentes no Tribunal de Família e Menores de Lisboa, e 11 arquivados na Direcção Geral de Reinserção Social, incidindo a análise, sobretudo, no tipo de medidas aplicadas, o género de crimes cometidos, e a referência a avaliações psicológicas ou perícias sobre a personalidade, como fundamento da decisão. Estes processos são analisados à luz de um instrumento de medida da aplicação de medidas tutelares em jovens, com idades compreendidas entre os 12 e os 16 anos: o Índice de Severidade Penalizadora e Psicologização no âmbito da transgressionalidade e delinquência juvenil (Criminalização Secundária – IPSS-CS-TDJ), de 2011. Os resultados evidenciam índices médios de severidade punitiva e de psicologização. Este estudo, dado o seu carácter pioneiro, representa, uma tentativa de abordagem empírica do problema. Para futuras investigações propõe-se a aplicação do instrumento a processos judiciais de outras regiões do país. ABSTRACT: The present thesis, integrated into Forensic Psychology and Social Exclusion Masters Degree, of Lusophone University of Humanities and Technologies, has two fundamental objectives: an analysis of the tutelary educative measures severity, in juvenile justice system, in Portugal, and evaluate the contribution of the knowledge of psychology, at the moment of decision and choice of those measures, by judge. For this, were analyse 58 tutelary educative processes, belonging to the Family and Juvenile Court of Lisbon, and 11 archived in General Direction of Social Reintegration, focusing, mainly, on the type of measures applied, kind of crimes, and reference to psychological evaluations or personality investigation, as foundation of judicial decision. These processes are analysed based on an instrument to measure the application of punitive measure to young people: Punishment Severity Index and Psychologisation in the framework of Infringement and Juvenile Delinquency (ISPP-CSTDJ), 2011. The results show an average level of punishment severity and psychologisation. This study, represents a pioneer empirically approach to the problem. In order to future investigations is proposed apply the instrument to processes from other regions of the country.

A intervenção do tribunal judicial no processo de constituição do tribunal arbitral e o princípio do contraditório

Under specific circumstances, the arbitral tribunal constitution procedure may come to an impasse, due to divergences between the parties or to the mere innaction of one of them or even of a third party. Such is the case when one of the parties or a third party does not appoint the arbitrator it should appoint according to the law or to the arbitration agreement. In order to overcome these types of situations, the Voluntary Arbitration Law provides for the intervention of the President of the Tribunal da Relação in the arbitral tribunal constitution procedure, granting him the power to, by appplication of one of the parties, name or choose the arbitrator the appointment of which has been ommited by the other party or the third party. This paper adresses the question of whether the procedure aimed at the decision of the President of the Tribunal da Relação must incorporate the defendant’s right to contradictory. The answer to this question is based, mainly, on the determination of which is the procedural form applicable to the intervention of the President of the Tribunal da Relação and on analysis of both the structure and effects of the arbitration agreement and the arbitrator´s contract.

A Feedback Learning and Mental Models Perspective on Strategic Decision Making

This study aims to be a contribution to a theoretical model that explains the effectiveness of the learning and decision-making processes by means of a feedback and mental models perspective. With appropriate mental models, managers should be able to improve their capacity to deal with dynamically complex contexts, in order to achieve long-term success. We present a set of hypotheses about the influence of feedback information and systems thinking facilitation on mental models and management performance. We explore, under controlled conditions, the role of mental models in terms of structure and behaviour. A test based on a simulation experiment with a system dynamics model was performed. Three out of the four hypotheses were confirmed. Causal diagramming positively influences mental model structure similarity, mental model structure similarity positively influences mental model behaviour similarity, and mental model behaviour similarity positively influences the quality of the decision.

A Feedback Learning and Mental Models Perspective on Strategic Decision Making

This study aims to be a contribution to a theoretical model that explains the effectiveness of the learning and decision-making processes by means of a feedback and mental models perspective. With appropriate mental models, managers should be able to improve their capacity to deal with dynamically complex contexts, in order to achieve long-term success. We present a set of hypotheses about the influence of feedback information and systems thinking facilitation on mental models and management performance. We explore, under controlled conditions, the role of mental models in terms of structure and behaviour. A test based on a simulation experiment with a system dynamics model was performed. Three out of the four hypotheses were confirmed. Causal diagramming positively influences mental model structure similarity, mental model structure similarity positively influences mental model behaviour similarity, and mental model behaviour similarity positively influences the quality of the decision

Collaborative business networks evaluation of technological tools for decision support making

Nowadays, companies are living great difficulties on managing their business due to constant and unpredictable economic market fluctuations. Recent changes in market trends (such as the constant demand for new products and services, mass customization and the drastic reduction of delivery time) lead companies to adopt strategies of creating partnerships with other companies as a way to respond effectively to such difficult economical times. Collaborative Networks’ concept born by the consequence of companies could no longer consider their internal business processes’ management as sufficient and tend to seek for a collaborative approach with other partners for their critical processes. Information technologies (ICT) assumed a major role acting as “enablers” of these kinds of networks, enhancing information sharing and business process integration. Several new trends concerning ICT architectures have been created to support collaborative networks requirements, but still doesn’t exist a common platform to reduce the needed integration effort on virtual organizations. This study aims to investigate the current technological solutions available in the market which enhances the management of companies’ business processes (specially, Collaborative Planning). Finally, the research work ends with the presentation of a conceptual model to answer to the constraints evaluated.

Procuração forense. Requisitos. Nulidade

Comments on a decision by the Appellate Court of the Judicial District of Coimbra, on the 7th march 2012

O regime de prescrição dos juros laborais – Comentário ao Acórdão do Tribunal da Relação de Coimbra, de 2 de Março de 2011

Comments on a decision by the Appellate Court of the Judicial District of Coimbra, on the 2nd march 2011