As insuficiências do regime legal do capital social e das reservas na cooperativa

A comunicação, que me proponho apresentar no Congresso Direito das Sociedades, centrar-se-á na análise das insuficiências das funções de garantia e de produtividade do capital social e das reservas na cooperativa, tendo sempre como parâmetro de comparação as funções que aquelas figuras desempenham na sociedade comercial. Tal comparação permitir-nos-á aferir do diferente papel que quer o capital quer as reservas desempenham naquelas duas entidades jurídicas.

Cooperation mechanism for team-work based multi-agent system in dynamic scheduling through meta-heuristics

This paper describes a Multi-agent Scheduling System that assumes the existence of several Machines Agents (which are decision-making entities) distributed inside the Manufacturing System that interact and cooperate with other agents in order to obtain optimal or near-optimal global performances. Agents have to manage their internal behaviors and their relationships with other agents via cooperative negotiation in accordance with business policies defined by the user manager. Some Multi Agent Systems (MAS) organizational aspects are considered. An original Cooperation Mechanism for a Team-work based Architecture is proposed to address dynamic scheduling using Meta-Heuristics.

A reserva legal das cooperativas

Este artigo visa contribuir para o conhecimento do regime jurídico da reserva legal das cooperativas no direito português...

Planning, Cooperation and Competition: A case study in industry and construction in a Portuguese Region

In the present paper we analyzed the behavior of firms in the construction and manufacturing sectors, located in the region of Vale do Sousa, in the north of Portugal. From the literature, even existing some disagreements, it is possible to conclude that planning is crucial for firms survival and growth. Cooperation is another aspect that the literature presents as an important factor for firms sustainability. It also plays a major role in competition, since firms are adopting coopetition strategies. By studying a sample of 251 firms, it was possible to realize, that the majority started their business without a formal planning, and they keep going without using it. In cooperation aspects, there is a lack of cooperation. It was possible to verify, that existing cooperation has some evidence but at a vertical level. These vertical relations were also identified in stakeholder’s involvement.

Legal and political regulation of higher education in Portugal: an evolutionary perspective on the current policy issues and the problem of order

The higher education system in Europe is currently under stress and the debates over its reform and future are gaining momentum. Now that, for most countries, we are in a time for change, in the overall society and the whole education system, the legal and political dimensions have gained prominence, which has not been followed by a more integrative approach of the problem of order, its reform and the issue of regulation, beyond the typical static and classical cost-benefit analyses. The two classical approaches for studying (and for designing the policy measures of) the problem of the reform of the higher education system - the cost-benefit analysis and the legal scholarship description - have to be integrated. This is the argument of our paper that the very integration of economic and legal approaches, what Warren Samuels called the legal-economic nexus, is meaningful and necessary, especially if we want to address the problem of order (as formulated by Joseph Spengler) and the overall regulation of the system. On the one hand, and without neglecting the interest and insights gained from the cost-benefit analysis, or other approaches of value for money assessment, we will focus our study on the legal, social and political aspects of the regulation of the higher education system and its reform in Portugal. On the other hand, the economic and financial problems have to be taken into account, but in a more inclusive way with regard to the indirect and other socio-economic costs not contemplated in traditional or standard assessments of policies for the tertiary education sector. In the first section of the paper, we will discuss the theoretical and conceptual underpinning of our analysis, focusing on the evolutionary approach, the role of critical institutions, the legal-economic nexus and the problem of order. All these elements are related to the institutional tradition, from Veblen and Commons to Spengler and Samuels. The second section states the problem of regulation in the higher education system and the issue of policy formulation for tackling the problem. The current situation is clearly one of crisis with the expansion of the cohorts of young students coming to an end and the recurrent scandals in private institutions. In the last decade, after a protracted period of extension or expansion of the system, i. e., the continuous growth of students, universities and other institutions are competing harder to gain students and have seen their financial situation at risk. It seems that we are entering a period of radical uncertainty, higher competition and a new configuration that is slowly building up is the growth in intensity, which means upgrading the quality of the higher learning and getting more involvement in vocational training and life-long learning. With this change, and along with other deep ones in the Portuguese society and economy, the current regulation has shown signs of maladjustment. The third section consists of our conclusions on the current issue of regulation and policy challenge. First, we underline the importance of an evolutionary approach to a process of change that is essentially dynamic. A special attention will be given to the issues related to an evolutionary construe of policy analysis and formulation. Second, the integration of law and economics, through the notion of legal economic nexus, allows us to better define the issues of regulation and the concrete problems that the universities are facing. One aspect is the instability of the political measures regarding the public administration and on which the higher education system depends financially, legally and institutionally, to say the least. A corollary is the lack of clear strategy in the policy reforms. Third, our research criticizes several studies, such as the one made by the OECD in late 2006 for the Ministry of Science, Technology and Higher Education, for being too static and neglecting fundamental aspects of regulation such as the logic of actors, groups and organizations who are major players in the system. Finally, simply changing the legal rules will not necessary per se change the behaviors that the authorities want to change. By this, we mean that it is not only remiss of the policy maker to ignore some of the critical issues of regulation, namely the continuous non-respect by academic management and administrative bodies of universities of the legal rules that were once promulgated. Changing the rules does not change the problem, especially without the necessary debates form the different relevant quarters that make up the higher education system. The issues of social interaction remain as intact. Our treatment of the matter will be organized in the following way. In the first section, the theoretical principles are developed in order to be able to study more adequately the higher education transformation with a modest evolutionary theory and a legal and economic nexus of the interactions of the system and the policy challenges. After describing, in the second section, the recent evolution and current working of the higher education in Portugal, we will analyze the legal framework and the current regulatory practices and problems in light of the theoretical framework adopted. We will end with some conclusions on the current problems of regulation and the policy measures that are discusses in recent years.

Implicações do contexto político-legal para o lançamento de novas iniciativas sociais em Portugal

O propósito deste artigo é compreender se a existência de um ambiente político-legal favorável pode influenciar o lançamento de novas iniciativas de empreendedorismo social em Portugal. A investigação adota uma metodologia quantitativa. Os dados primários foram recolhidos através de um inquérito por questionário, on-line, enviado aos responsáveis que estiveram na base da constituição das Organizações Não-Governamentais de Cooperação para o Desenvolvimento existentes em Portugal, bem como aos responsáveis pelos projetos, que à data do inquérito, se encontravam cotados na Bolsa de Valores Sociais. No teste das hipóteses de investigação foram utilizadas técnicas de análise descritiva, técnicas de redução de dados (análise fatorial por componentes principais), e o teste t-student. Os resultados revelaram que um ambiente político-legal favorável tem uma importância baixa na decisão de lançar uma nova iniciativa social. Os resultados obtidos encontram suporte para o facto de muitos empreendedores sociais tenderem a localizar as suas atividades em ambientes político-legais desfavoráveis, contribuindo deste modo para a atenuação das assimetrias sociais e económicas entre as regiões do território nacional.

Terminology and knowledge engineering conference. New frontiers in the constructive symbiosis of terminology and knowledge engineering

To meet the increasing demands of the complex inter-organizational processes and the demand for continuous innovation and internationalization, it is evident that new forms of organisation are being adopted, fostering more intensive collaboration processes and sharing of resources, in what can be called collaborative networks (Camarinha-Matos, 2006:03). Information and knowledge are crucial resources in collaborative networks, being their management fundamental processes to optimize. Knowledge organisation and collaboration systems are thus important instruments for the success of collaborative networks of organisations having been researched in the last decade in the areas of computer science, information science, management sciences, terminology and linguistics. Nevertheless, research in this area didn’t give much attention to multilingual contexts of collaboration, which pose specific and challenging problems. It is then clear that access to and representation of knowledge will happen more and more on a multilingual setting which implies the overcoming of difficulties inherent to the presence of multiple languages, through the use of processes like localization of ontologies. Although localization, like other processes that involve multilingualism, is a rather well-developed practice and its methodologies and tools fruitfully employed by the language industry in the development and adaptation of multilingual content, it has not yet been sufficiently explored as an element of support to the development of knowledge representations - in particular ontologies - expressed in more than one language. Multilingual knowledge representation is then an open research area calling for cross-contributions from knowledge engineering, terminology, ontology engineering, cognitive sciences, computational linguistics, natural language processing, and management sciences. This workshop joined researchers interested in multilingual knowledge representation, in a multidisciplinary environment to debate the possibilities of cross-fertilization between knowledge engineering, terminology, ontology engineering, cognitive sciences, computational linguistics, natural language processing, and management sciences applied to contexts where multilingualism continuously creates new and demanding challenges to current knowledge representation methods and techniques. In this workshop six papers dealing with different approaches to multilingual knowledge representation are presented, most of them describing tools, approaches and results obtained in the development of ongoing projects. In the first case, Andrés Domínguez Burgos, Koen Kerremansa and Rita Temmerman present a software module that is part of a workbench for terminological and ontological mining, Termontospider, a wiki crawler that aims at optimally traverse Wikipedia in search of domainspecific texts for extracting terminological and ontological information. The crawler is part of a tool suite for automatically developing multilingual termontological databases, i.e. ontologicallyunderpinned multilingual terminological databases. In this paper the authors describe the basic principles behind the crawler and summarized the research setting in which the tool is currently tested. In the second paper, Fumiko Kano presents a work comparing four feature-based similarity measures derived from cognitive sciences. The purpose of the comparative analysis presented by the author is to verify the potentially most effective model that can be applied for mapping independent ontologies in a culturally influenced domain. For that, datasets based on standardized pre-defined feature dimensions and values, which are obtainable from the UNESCO Institute for Statistics (UIS) have been used for the comparative analysis of the similarity measures. The purpose of the comparison is to verify the similarity measures based on the objectively developed datasets. According to the author the results demonstrate that the Bayesian Model of Generalization provides for the most effective cognitive model for identifying the most similar corresponding concepts existing for a targeted socio-cultural community. In another presentation, Thierry Declerck, Hans-Ulrich Krieger and Dagmar Gromann present an ongoing work and propose an approach to automatic extraction of information from multilingual financial Web resources, to provide candidate terms for building ontology elements or instances of ontology concepts. The authors present a complementary approach to the direct localization/translation of ontology labels, by acquiring terminologies through the access and harvesting of multilingual Web presences of structured information providers in the field of finance, leading to both the detection of candidate terms in various multilingual sources in the financial domain that can be used not only as labels of ontology classes and properties but also for the possible generation of (multilingual) domain ontologies themselves. In the next paper, Manuel Silva, António Lucas Soares and Rute Costa claim that despite the availability of tools, resources and techniques aimed at the construction of ontological artifacts, developing a shared conceptualization of a given reality still raises questions about the principles and methods that support the initial phases of conceptualization. These questions become, according to the authors, more complex when the conceptualization occurs in a multilingual setting. To tackle these issues the authors present a collaborative platform – conceptME - where terminological and knowledge representation processes support domain experts throughout a conceptualization framework, allowing the inclusion of multilingual data as a way to promote knowledge sharing and enhance conceptualization and support a multilingual ontology specification. In another presentation Frieda Steurs and Hendrik J. Kockaert present us TermWise, a large project dealing with legal terminology and phraseology for the Belgian public services, i.e. the translation office of the ministry of justice, a project which aims at developing an advanced tool including expert knowledge in the algorithms that extract specialized language from textual data (legal documents) and whose outcome is a knowledge database including Dutch/French equivalents for legal concepts, enriched with the phraseology related to the terms under discussion. Finally, Deborah Grbac, Luca Losito, Andrea Sada and Paolo Sirito report on the preliminary results of a pilot project currently ongoing at UCSC Central Library, where they propose to adapt to subject librarians, employed in large and multilingual Academic Institutions, the model used by translators working within European Union Institutions. The authors are using User Experience (UX) Analysis in order to provide subject librarians with a visual support, by means of “ontology tables” depicting conceptual linking and connections of words with concepts presented according to their semantic and linguistic meaning. The organizers hope that the selection of papers presented here will be of interest to a broad audience, and will be a starting point for further discussion and cooperation.

Quadro legal e serviços de informação para a abertura e transparência institucional Europeia

Esta comunicação apresenta e analisa a evolução do quadro legal criado para a divulgação e o acesso aos documentos produzidos pelas instituições europeias (Parlamento, Conselho e Comissão). É dada especial ênfase ao Regulamento 1049/2001, relativo ao acesso do público aos documentos. São apresentados os serviços de informação digital disponíveis no Portal EUROPA para o cumprir quadro legal definido no Regulamento 1049/2001. ão examinadas as características e os objetivos do registo de documentos das três principais instituições europeias, bem como o tipo de informação que disponibilizam. Avaliam-se alguns dos dados dos relatórios anuais publicados sobre o acesso aos documentos, no sentido de aferir o uso efetivo por parte dos cidadãos europeus desses serviços de mediação informacional. Para abordar esta temática são revistos e aplicados os conceitos de abertura, transparência e acessibilidade.

Reflections on the legal framework for relations between cooperatives and subsidiaries.

In the light of Portuguese legal system, cooperative enterprises may include an enterprise carried out by a subsidiary, provided they conform to certain requirements. The aim of this paper is to reflect on the issue of the legal framework of the relationship between the cooperative and the subsidiary. There are several problems to be addressed in this paper: (i) How to qualify such a relationship since corresponding to mere investments made by the cooperative? Should it be classified as non-member cooperative transactions or as extraordinary activities? (ii) How to qualify such a relationship when related to the development of preparatory or complementary activities for the economic activity developed between the cooperative and its members? May we speak, in this situation, of a concept of “indirect mutuality”, as provided in other legal systems? (iii) How should we classify and what is the regime of the economic results from the activity developed by the subsidiary? We will conclude, advocating: (i) That the cooperative enterprise may include an enterprise carried out by a subsidiary if this is deemed necessary to satisfy the interests of the members; (ii) The inadmissibility of the concept of “indirect mutuality”; (iii) The inadequacy of qualifying the legal relationship between the cooperative partner (iv) The application, to the economic results coming from the activity developed by the subsidiary, of the regime provided for in the Portuguese Cooperative Code to the results from non-member cooperative transactions; (v) The economic results coming from the activity developed by the subsidiary cannot be appropriated by individual co-operators members, and so should be allocated to indivisible reserves.

CANDi: context-aware node discovery for short-range cooperation

Multi-standard mobile devices are allowing users to enjoy higher data rates with ubiquitous connectivity. However, the benefits gained from multiple interfaces come at an expense—that being higher energy consumption in an era where mobile devices need to be energy compliant. One promising solution is the usage of short-range cooperative communication as an overlay for infrastructure-based networks taking advantage of its context information. However, the node discovery mechanism, which is pivotal to the bearer establishment process, still represents a major burden in terms of the total energy budget. In this paper, we propose a technology agnostic approach towards enhancing the MAC energy ratings by presenting a context-aware node discovery (CANDi) algorithm, which provides a priori knowledge towards the node discovery mechanism by allowing it to search nodes in the near vicinity at the ‘right time and at the right place’. We describe the different beacons required for establishing the cooperation, as well as the context information required, including battery level, modes, location and so on. CANDi uses the long-range network (WiMAX and WiFi) to distribute the context information about cooperative clusters (Ultra-wideband-based) in the vicinity. The searching nodes can use this context in locating the cooperative clusters/nodes, which facilitates the establishing of short-range connections. Analytical and simulation results are obtained, and the energy saving gains are further demonstrated in the laboratory using a customised testbed. CANDi saves up to 50% energy during the node discovery process, while the demonstrative testbed shows up to 75% savings in the total energy budget, thus validating the algorithm, as well as providing viable evidence to support the usage of short-range cooperative communications for energy savings.

A reserva legal nas cooperativas: um estudo de caso de uma cooperativa centenária portuense

O objetivo da presente comunicação consiste em refletir sobre as principais diferenças entre o tratamento jurídico e contabilístico da reserva legal nas cooperativas e nas sociedades comerciais. Assim, partindo de uma análise crítica do regime previsto no Código Cooperativo Português, e tendo por referência os documentos contabilísticos da Cooperativa dos Pedreiros, esta comunicação procura responder a questões pertinentes no que concerne à constituição e utilização da reserva legal e à sua finalidade quer durante a vida das cooperativas quer no momento da dissolução e liquidação do seu património. Os resultados do estudo confirmam que a reserva legal nas cooperativas tem um regime jurídico diferente face ao das sociedades comerciais, nomeadamente quanto ao destino da reserva legal, que nas cooperativas se circunscreve à cobertura de perdas, bem como a sua irrepartibilidade. Tendo em conta o caráter variável do capital social cooperativo, a reserva legal apresentase como o recurso financeiro de melhor qualidade nas cooperativas. Impõe-se, no entanto, uma alteração ao normativo jurídico português aplicável às cooperativas quanto a aspetos particulares do regime jurídico das cooperativas, destacando-se a necessidade do estabelecimento de uma hierarquia entre as diferentes reservas, no sentido de que, para efeitos de cobertura de prejuízos, a reserva legal só seja movimentada depois de esgotadas as outras reservas.

System Level Simulation and Radio Resource Management for Distributed Antenna Systems with Cognitive Radio and Multi-Cell Cooperation

4th International Conference on Future Generation Communication Technologies (FGCT 2015), Luton, United Kingdom.

Analysis of Two Arms Working in Cooperation

This paper analyzes the performance of two cooperative robot manipulators. In order to capture the working performancewe formulated several performance indices that measure the manipulability, the effort reduction and the equilibrium between the two robots. In this perspective the proposed indices we determined the optimal values for the system parameters. Furthermore, it is studied the implementation of fractional-order algorithms in the position/force control of two cooperative robotic manipulators holding an object.