A internet e o sistema de justiça

The subject of study of this Thesis aims to highlight and recognize as an object of reflection the undoubted relationship between the Internet and the Justice System, based on the issue of digital evidence. The simultaneously crossing of the juridical-legal implications and the more technical computer issues is the actual trigger for the discussion of the issues established. The Convention on Cybercrime of the Council of Europe of 23rd November 2001 and the Council Framework Decision n.° 2005/222/JHA of 24th February 2005 were avant-garde in terms of the international work about the crimes in the digital environment. In addition they enabled the harmonization of national legislations on the matter and, consequently, a greater flexibility in international judicial cooperation. Portugal, in compliance with these international studies, ratified, implemented and approved Law n. º 109/2009 of 15th September concerning the Cybercrime Act, establishing a more specific investigation and collection of evidence in electronic support when it comes to combating this type of crime, as it reinforced the Substantive Criminal Law and Procedural Nature. Nevertheless, the constant debates about the New Technologies of Information and Communication have not neglected the positive role of these tools for the user. However, they express a particular concern for their counterproductive effects; a special caution prevails on the part of the judge in assessing the digital evidence, especially circumstantial evidence, due to the its fragility. Indisputably, the practice of crimes through the computer universe, given its inexorable technical complexity, entails many difficulties for the forensic investigation, since the proofs hold temporary, changeable, volatile, and dispersed features. In this pillar, after the consummation of iter criminis, the Fundamental Rights of the suspects may be debated in the course of the investigation and the construction of iter probatorium. The intent of this Thesis is to contribute in a reflective way on the issues presented in order to achieve a bigger technical and legal awareness regarding the collection of digital proof, looking for a much lighter approach to its suitability in terms of evidentiary value.

A abolição da dupla incriminação no mandado de detenção europeu

This essay presents the European Arrest Warrant and its relationship with the principle of double criminality, which was abolished in 2002 with the new Framework Decision (FD). This instrument was essential to implement the principle of mutual recognition and strengthen the police and judicial cooperation in criminal matters in the newly created space of freedom, security and justice. It was urgent to create mechanisms to combat cross-border crime, that alone States have struggled to counter. An analysis of the FD No 2002/584/JHA is made. The execution of warrants and the non-mandatory and optional grounds of refusal are studied in detail. As it is the implementation issue. The role of mutual recognition in practice is studied as well. The procedure is to introduce the principle of double criminality, to explain the concept and its abolition, warning for the consequences derived from them, related to the principle of legality and fundamental rights. The analysis of the European Arrest Warrant in practice in Portugal and in comparison with other Member States allows the measurement of the consequences from the abolition of dual criminality and the position of States on this measure. With the abolition of double criminality, the cooperation in judicial and criminal matters departs from what was intended by the European Council of Tampere. And without cooperation, fundamental rights of citizens are unprotected, so the states have to adopt measures to remedy the "failures" of the European Law.

Relatório de estágio curricular realizado na Comissão Nacional de Protecção de Dados

The personal data protection is presented as an indisputably complex and transversal subject and gives an account of this report, a result of curricular internship at the Portuguese Commission for Data Protection. The Commission is the competent authority for the control and supervision of personal data processing. The subject around which this report was prepared is the protection of personal data, analyzed in several aspects. The protection of personal data is, for some time, a topic that raises many concerns, because it is closely linked to fundamental rights constitutionally protected. Fundamental rights inherent in each of us are a result of Article 1 of the Constitution of the Portuguese Republic, in the sense that the dignity of the human person is affirmed as the first value around which the Portuguese legal system will have to be based. In other words, is the dignity of the human person the highest value in the Portuguese legal system. Was the development of societies to the point that we know today that has led to the importance to the personal data of citizens. In modern societies, it is possible to know everything about everyone and the curiosity of others seems not to worry about the injuries that affect the rights of citizens. Where new technologies make excuses for the excessive processing of personal data and where subjects do not seem to bother about their personal data crossing the world, it is important that jurisdictions give value the protection of personal data and the implications of its misuse, in that as these are the mirror of identity each of us and can be used against their owners, causing irreparable damage to the their fundamental rights. Being understood as protection of personal data the possibility of each citizen to decide the use of their data and how they can be used, we can say that its protection depends essentially on each of us, as holders of personal data. Therefore, the protection of our data begins in ourselves.

A videovigilância no local de trabalho

The emergence of new technologies has introduced significant changes in the citizens life’s. There is a constant evolution of technological means and profound impact of their use in the habits of life of the human being. These new technological media are important tools in labor relations. The working and businesses worlds are increasingly turning to these new technologies, so that the use of video surveillance in the workplace is nowadays common. New technologies in general and the use of video surveillance in workplace in particular are providing ways to allow control of the work performance that are desired by most employers. However, the collection of images in the workplace often collides with the fundamental rights and freedoms of workers, in particular, with the right to privacy. The subject concerns the question of investigating is whether the images collected in workplace can be used as evidence in disciplinary proceedings. In fact, this issue is controversial. Doctrine and jurisprudence defend, at least, two responses for the same question. Those who understand that the evidence may be admitted for not violate any right of the worker, and others who argue that the evidence should not be admitted in disciplinary office. In the Portuguese legal system, there is, even, a new intermediate theory that begins to be defended, that only on certain occasions the evidence may be admitted. The solution to this problem involves the study of employment law and data video surveillance processing. Analysis of workers fundamental rights is fundamental to come to a grounded conclusion.

Aplicação do princípio da igualdade na legislação experimental em Portugal

The experimental legislation follows the development of legislative evaluation practices. Being a legislative technique used not only with the aim of gathering political and social consensus, but also, especially in controversial matters, to provide data and information that will serve as basis for a clarified and justified legislative decision. The characteristic features of the experimental laws are its limited application in time and/or in territory and the prediction, in the law itself, of an evaluation after the experimental period. The application of an experimental law just in a specific geographic area raises constitutional issues because of the implications of the principle of equality. Indeed, the principle of equality, despite admitting some treatment differences between people, commands that these differences have to be legitimate, reasonable and proportional, namely, not arbitrary. Besides the constitutionality problem for the violation of the principle of equality, the experimental laws may also consist of laws restricting fundamental rights and be the cause of the liability of the State, within its legislative function.

A escola de ensino fundamental rural no desenvolvimento do seu meio: um estudo comparativo

Dissertação de mestrado em Ciências da Educação, na Faculdade de Ciências e Tecnologia da Universidade Nova de Lisboa e do Diplôme d' Université François Rabelais de Tours

Fundamentos teóricos e objectivos estratégicos de uma unidade de ética em saúde pública : caso de estudo : o gabinete de ética e responsabilidade da Direcção-Geral da Saúde

RESUMO - Este trabalho de projecto visa responder à questão de saber como gerir uma unidade de ética num serviço público central de saúde pública, “de forma racional e informada”, definindo os seus objectivos estratégicos (Baranger, citando Drucker, 1990) utilizando como caso de estudo o Gabinete de Assuntos Jurídicos, Ética e Responsabilidade, adiante designado por Gabinete, da Direcção‐Geral da Saúde. Para o efeito, fez‐se, em primeiro lugar, uma abordagem teórica descritiva das bases filosóficas da ética realçando a sua aplicação prática na determinação das características dos sistemas de saúde. Em seguida, analisa‐se a utilização do conceito de ética no âmbito da Saúde Pública, no contexto da bioética, verificando‐se elementos distintivos que parecem justificar a autonomização do conceito de ‘Ética em Saúde Pública’. Para tal, foram consultadas as principais fontes de princípios éticos em saúde, tais como a Declaração Universal dos Direitos do Homem, a Declaração de Helsínquia, bem como a Constituição da República Portuguesa e os Códigos Deontológicos das profissões de saúde. Nesta fase do trabalho é pesquisada, nas perspectivas nacional e internacional, a existência de unidades de ética, congéneres ou de âmbito similar, bem como respectivas áreas e níveis de intervenção, tendo‐se nesse sentido auscultado as entidades idóneas dos Estados‐Membros da União Europeia. Na segunda parte do trabalho de projecto, desenvolveu‐se o planeamento estratégico através da aplicação da metodologia balanced scorecard, apresentando‐se uma proposta de objectivos estratégicos e iniciativas a serem desenvolvidas pelo gabinete de ética sub judice, para um horizonte temporal fixado em três anos. Da utilização desta metodologia resultaram doze objectivos estratégicos, dos quais se destacam: ‘fomentar a discussão ética’; ‘promover a igualdade dos utentes do SNS’; e ‘identificar prioridades de actuação’. Entre as iniciativas a desenvolver salienta‐se o desenho de um questionário, a aplicar às comissões de ética do sistema de saúde com o objectivo de identificar prioridades de actuação do Gabinete. O trabalho finaliza‐se com as conclusões, recomendações e linhas de investigação que se considera deverem ser desenvolvidas, num futuro próximo, para o aprofundamento da matéria alvo deste estudo. ------------------ABSTRACT - This research‐project aims to answer the question of how to manage a unit of ethics within the directorate‐general of public health in a "rational and informed” way, defining their strategic goals (Baranger, quoting Drucker, 1990) using as case study the Office of Legal Affairs, Ethics and Responsibility, hereinafter referred as the Office, of the Directorate‐General of Health. For this purpose, the first part of the study, includes a framework description of the main philosophical basis of ethics, emphasizing that its practical application determines the characteristics of health systems; the use of the concept of ethics of Public Health in the context of bioethics was analyzed, and distinctive elements were found that seem to justify the autonomy of the concept of 'Ethics of Public Health'. The main sources of this part were the fundamental ethical principles in health, such as the Universal Declaration of Human Rights, the Helsinki Declaration, and also the Constitution of the Portuguese Republic and the Codes of Ethics of the health professions. At this stage of the study a description is also made, at both a national and international perspective, on the existence of similar units of ethics or with similar scope, and their areas and levels of intervention. For the international dimension the appropriate bodies of the Member States the European Union were consulted. In the second part of the research‐project, a strategic planning for the Office was designed, using the balanced scorecard methodology, and a proposal of the strategic objectives and initiatives to be developed within a time schedule of three years are presented. The use of this method resulted in twelve strategic objectives, among which we note the following: 'to promote the ethical discussion'; 'to promote equality of users of the NHS'; and ‘to identify priorities for action’. The design of a questionnaire to be answered by the ethics committees for health of the Portuguese health system, in order to identify priorities for the Office’s activities is also presented in the study. The work ends with the conclusions and recommendations, as well as a suggestion of lines for future research to further investigate the subject of this study.

Bridging environmental conflicts with social metabolism : forestry expansion and socioeconomic change

Dissertação apresentada para obtenção do Grau de Doutor em Ciências do Ambiente, pela Universidade Nova de Lisboa, Faculdade de Ciências e Tecnologia

O contributo de Julián Marías para uma teoria da filosofia aplicada à questão da felicidade

Tese apresentada para cumprimento dos requisitos necessários à obtenção do grau de doutor em filosofia

The Visual Culture of Human Rights. Observations on Amnesty International

Trabalho de project de Mestrado em Antropologia de Direitos Humanos e Movimentos Sociais

Mathematical and numerical methods for inverse problems using fundamental solutions techniques

Fundação para a Ciência e a Tecnologia - SFRH/BD/27914/2006

A Utilização de Recursos Educativos Digitais na Sala de Aula: Um Componente Fundamental no Ensino?

O presente estudo baseia-se numa pesquisa sobre a utilização de Recursos Educativos Digitais (RED) na escola, com o objectivo de compreender em que medida a sua integração pode promover novos contextos de aprendizagem. Na primeira parte, faz-se uma abordagem dos processos e mudanças na educação, estando em foco as políticas educativas, a formação de professores, o conhecimento, a construção e implementação de RED nas aulas. Ao longo do trabalho são abordadas algumas problemáticas educativas actuais e conceitos relativos ao processo ensino/aprendizagem, com o intuito de tentar responder à questão de partida deste trabalho, “A Utilização de Recursos Educativos Digitais na Sala de Aula: Um Componente Fundamental no Ensino?“. Foi elaborado um inquérito sobre esta temática, ao grupo docente da Escola Básica da Costa da Caparica onde decorreu a Prática de Ensino Supervisionada, com intuito de saber quão frequente são utilizados RED nas suas aulas, a opinião sobre as potencialidades destes recursos e qual o comportamento e receptividade dos alunos face aos RED. Na segunda parte do trabalho, são apresentados e analisados os dados referentes aos inquéritos efectuados. Na terceira e quarta parte do trabalho, descrevem-se as actividades realizadas, os principais procedimentos e estratégias adoptadas no decorrer da prática de ensino supervisionada em História e em Geografia.

At the heart of celebrity: celebrities’ children and their rights in the media

Based on a comparative analysis of celebrity magazines in Portugal and Brazil, this article analyses the representation of children of celebrities. Those magazines privilege an extreme personalisation of the stories and a strong valuation of the photographic image, representing children as a source of happiness and affection within the family. Nonetheless, drawing on celebrity studies and on children’s rights and their implications for journalism, we concluded that this positive representation frequently collides with the children’s rights to privacy, to be protected from public embarrassment and to be heard in the issues that affect them.

A afirmação do direito de águas

This thesis aims at demonstrating the dogmatic autonomy of Water Law. It also intends to clarify that this branch of law must not be confused with other similar subjects of law. To accomplish this task, the thesis justifies the dogmatic autonomy of Water Law beginning by discussing the emergence of this branch of law both at international and regional levels. The thesis analyses the emergence of International Water Law, discussing the reasons of its existence, its subject and importance. It also explains the relationship between international watercourses and the need to regulate them, considering that rules related to the use and management of such resources, although created at international level, are meant to be applied at regional and local levels. The thesis demonstrates that the fact that some waters are international, because they cross different states or serve as border between two or more states, justifies the existence of international water law rules aplicable to the region and to the watercourse they are supposed to regulate. For this reason, this thesis considers not only international water law in relation with the aplicable regional water law, but also the regional law in relation with the rules aplicable to the water basins and particularly with the concerned water basin states. This relationship between rules leads us to discuss how these three spectrums of rules are conciliated, namely international or universal, regional and water basin rules. To demonstrate how all this works we chose SADC for our case study. The thesis also studies the States who benefit from rules of international water law, and all other subjects who directly use water from international watercourses, and the conclusion we reach is that who really benefits are the population of such states whose rights of access, use and management are regulated by international, regional and basin rules As we can imagine, it is not easy to concile so many different rules, applicable to a scarce resource to which many subjects in many states compete for. And the interaction of the different interests, which is done under different spectrum of rules, is what guided our study, in which we analyse how all this process functions. And the main reason of all the discussion is to conclude that there is, in fact, a dogmatic autonomy of water law. To reach such a conclusion, the thesis begins by studying how international water law is applied at local level. Considering that international watercourses usually have different regimes adopted by the basin states, which difference may cause conflicts, the thesis discusses how water law may contribute to solve possible conflicts. To do this, the thesis studies and compares rules of international water law with rules of water law applicable to SADC states, and figures out the level of interaction between such rules. Considering that basin states have to obey to local rules, first of all, and after that to international and basin level rules, the thesis studies how the differents interests at stake are managed by riparian states, who act on behalf of their population. SADC appeared to provide an excellent case study to reach this goal. And the thesis discusses all these matters, the rules and principles applicable, and provides solutions where applicable, always considering water as subject of our study. Accordingly, we discuss the right to water, its nature and how it functions, considering the facts mentioned previously. And, as we conclude, all these legal discussions over water are a clear sign of the dogmatic autonomy of water

Posicionamento do Brasil face aos países mais avançados em cloud computing

This study discusses some fundamental issues so that the development and diffusion of services based in cloud computing happen positively in several countries. For exposure of this subject is discusses public initiatives by the most advanced countries in terms of cloud computing application and the brazilin position in this context. Based on presented evidences here it appears that the essential elements for the development and diffusion of cloud computing in Brazil made important steps and show evidence of maturity, as the cybercrime legislation. However, other elements still require analysis and specifically adaptations for the cloud computing case, such as the Intellectual Property Rights. Despite showing broadband services still lacking, one cannot disregard the government effort to facilitate access for all society. In contrast, the large volume of the Brazilian IT market is an interest factor for companies seeking to invest in the country.