A intervenção dos orgãos de polícia criminal em sede de julgamento

Currently, Portugal assumes itself as a democratic rule of substantive law State, sustained by a legal system seeking the right balance between the guarantee of fundamental rights and freedoms constitutional foreseen in Portugal’s Fundamental Law and criminal persecution. The architecture of the penal code lies with, roughly speaking, a accusatory basic structure, “deliberately attached to one of the most remarkable achievements of the civilizational democratic progress, and by obedience to the constitutional commandment”, in balance with the official investigation principle, valid both for the purpose of prosecution and trial. Regarding the principle of non self-incrimination - nemo tenetur se ipsum accusare, briefly defined as the defendant’s right of not being obliged to contribute to the self-incrimination, it should be stressed that there isn’t an explicit consecration in the Portuguese Constitution, being commonly accepted in an implicit constitutional prediction and deriving from other constitutional rights and principles, first and foremost, the meaning and scope of the concept of democratic rule of Law State, embedded in the Fundamental Law, and in the guidelines of the constitutional principles of human person dignity, freedom of action and the presumption of innocence. In any case, about the (in) applicability of the principle of the prohibition of self-incrimination to the Criminal Police Bodies in the trial hearing in Court, and sharing an idea of Guedes Valente, the truth is that the exercise of criminal action must tread a transparent path and non-compliant with methods to obtain evidence that violate the law, the public order or in violation of democratic principles and loyalty (Guedes Valente, 2013, p. 484). Within the framework of the penal process relating to the trial, which is assumed as the true phase of the process, the witness represents a relevant figure for the administration of criminal justice, for the testimonial proof is, in the idea of Othmar Jauernig, the worst proof of evidence, but also being the most frequent (Jauernig, 1998, p. 289). As coadjutant of the Public Prosecutor and, in specific cases, the investigating judge, the Criminal Police Bodies are invested with high responsibility, being "the arms and eyes of Judicial Authorities in pursuing the criminal investigation..." which has as ultimate goal the fulfillment of the Law pursuing the defense of society" (Guedes Valente, 2013, p. 485). It is in this context and as a witness that, throughout operational career, the Criminal Police Bodies are required to be at the trial hearing and clarify the Court with its view about the facts relating to occurrences of criminal context, thus contributing very significantly and, in some cases, decisively for the proper administration of the portuguese criminal justice. With regards to the intervention of Criminal Police Bodies in the trial hearing in Court, it’s important that they pay attention to a set of standards concerning the preparation of the testimony, the very provision of the testimony and, also, to its conclusion. Be emphasized that these guidelines may become crucial for the quality of the police testimony at the trial hearing, thus leading to an improvement of the enforcement of justice system. In this vein, while preparing the testimony, the Criminal Police Bodies must present itself in court with proper clothing, to read before and carefully the case files, to debate the facts being judged with other Criminal Police Bodies and prepare potential questions. Later, while giving his testimony during the trial, the Criminal Police Bodies must, summing up, to take the oath in a convincing manner, to feel comfortable, to start well by convincingly answering the first question, keep an attitude of serenity, to adopt an attitude of collaboration, to avoid the reading of documents, to demonstrate deference and seriousness before the judicial operators, to use simple and objective language, to adopt a fluent speech, to use nonverbal language correctly, to avoid spontaneity responding only to what is asked, to report only the truth, to avoid hesitations and contradictions, to be impartial and to maintain eye contact with the judge. Finally, at the conclusion of the testimony, the Criminal Police Bodies should rise in a smooth manner, avoiding to show relief, resentment or satisfaction, leaving a credible and professional image and, without much formality, requesting the judge permission to leave the courtroom. As final note, it’s important to stress that "The intervention of the Police Criminal Bodies in the trial hearing in Court” encloses itself on a theme of crucial importance not only for members of the Police and Security Forces, who must welcome this subject with the utmost seriousness and professionalism, but also for the proper administration of the criminal justice system in Portugal.

E-loyalty in e-commerce: A study at GIRISSIMA.COM

Few studies have been conducted on causal antecedents for electronic loyalty regarding the online fashion industry. In Portugal there is no systematic empirical research in this area. This study aims to examine e-satisfaction and e-trust that potentially impact eloyalty. It also examines the impact of price, website design and selection of brands. A research study was performed at GIRISSIMA.COM and survey responses were 77. The findings show that e-satisfaction is the main driver of e-loyalty. E-trust, website design and price affect positively e-loyalty. Additionally, selection of brands was proved to impact e-loyalty through e-satisfaction and e-trust.

Conectividade efectiva em epilepsia

A epilepsia é uma das mais comuns patologias que afectam o cérebro humano e caracteriza-se por uma actividade cerebral oscilatória desordenada e excessiva que prejudica gravemente a qualidade de vida do doente. Com o objectivo de detectar o percurso da actividade cerebral anormal a ressonância magnética, em conjunto com a técnica de electroencefalografia (EEG) têm evoluído no sentido de tornar a identificação do foco epiléptico e respectivas vias de propagação mais clara e fácil para o neurocirurgião. Esta detecção pode recorrer ao efeito BOLD (do inglês “Blood Oxygenation Level Dependent”) para, de forma indirecta, obter um mapa de activação neuronal da zona em estudo contribuindo para uma possível intervenção cirúrgica à área epiléptica. No entanto, para chegar a uma conclusão definitiva sobre este mapa neuronal é necessário ter em conta que diferentes regiões podem apresentar HRFs (do inglês “Hemodynamic Response Functions”) diferentes, influenciando o resultado de qualquer análise se este facto não for tido em conta. Na presente dissertação foi aplicado um método de cálculo de influência causal entre regiões do cérebro humano a dados de epilepsia obtidos através da técnica EEG+fMRI. Foram utilizadas técnicas de conectividade efectiva (causalidade de Granger) usando um pacote de software (PyHRF) para estimar com precisão a HRF da região em estudo e permitir a desconvolução do sinal antes do cálculo de conectividade. Foi demonstrada a utilidade desta contribuição metodológica para a caracterização topográfica e dinâmica de uma crise epiléptica.

O tempo da ruptura do mundo: "Antropoceno" e capital

A emergência do conceito Antropoceno, uma nova proposta de periodização geológica que coloca o “humano” enquanto referente causal do aquecimento global, suscita múltiplos campos de problematização. No centro da hipótese estão entendimentos particulares do “humano” e da “natureza” que são dispostos enquanto pressupostos de uma estrutura de medidas e considerações económicas, sociais e políticas. O processo de validação científica do termo assenta numa argumentação que, de modo paralelo, estabelece uma ontologia dos elementos em jogo e separa dela as questões do impacto transformativo do capital, identificando os seus modos, processos e elementos com a própria “natureza humana”. A par da emergência do conceito Antropoceno surgiram também perspectivas críticas que referem explicitamente as limitações dos pressupostos históricos, económicos e políticos que lhe servem de base: o capitaloceno, o aceleracionismo e a comunização. Procuramos ver de que modo estes campos críticos e teóricos interrogam não apenas as problemáticas da periodização geológica e ambiental mas também as aporias do seu tempo. A pesquisa é concluída com a sugestão de que questões políticas, subjectivas e técnicas saem reformuladas pelas problemáticas abordadas.

A equidade na indeminização dos danos não patrimoniais

This study examines the quantification of compensation for non-pecuniary damage, awarded by means of judicial decisions based on equity, and seeks to verify whether such calculation safeguards legal certainty and predictability when applying the law, as well as whether it observes the principles of proportionality and equality. Firstly, the limits for discretionary judgment permitted to the judge were determined, by evaluating the criteria established under the law. Then, by examining the grounds of the judicial decisions in cases that had been selected beforehand, this study sought to detect operation modes in concrete considerations of equity used by judges. The examination of the grounds on which these judicial decisions are based permitted the comprehension of the calculation method used in each case and the observation that the criteria of compensatory nature, such as the extent of the damage and the respective consequences, assumed a primary role. Despite discrepancies in viewpoints with regard to certain issues of law, the jurisprudence examined reveals that great care is taken to consider the solutions reached in similar cases, in an attempt to ensure that the different criteria applied in the quantification of compensation are given uniform relevance. The comparison of decisions, reported to cases with similar legal contours, did not reveal relevant discrepancies in the calculation criteria used, nor are they disproportionate regarding the amount of compensation awarded, which means that resorting to equity, in determining the compensation to be awarded due to nonpecuniary damage, does not jeopardize legal certainty or predictability when applying the law, and observes the principle of proportionality, which is anchored in the constitutional principle of equality. The study performed, led to the conclusion that the grounds on which judicial decisions are based, by itemising the elements which are taken into account and the criteria adopted by the judge, allow these to be taken into consideration in similar cases, contributing towards uniform interpretation and application of the law, ensuring legal certainty and predictability when resorting to equity while quantifying compensation.

Specification of a partial replication protocol with TLA+

Nowadays, data available and used by companies is growing very fast creating the need to use and manage this data in the most efficient way. To this end, data is replicated overmultiple datacenters and use different replication protocols, according to their needs, like more availability or stronger consistency level. The costs associated with full data replication can be very high, and most of the times, full replication is not needed since information can be logically partitioned. Another problem, is that by using datacenters to store and process information clients become heavily dependent on them. We propose a partial replication protocol called ParTree, which replicates data to clients, and organizes clients in a hierarchy, using communication between them to propagate information. This solution addresses some of these problems, namely by supporting partial data replication and offline execution mode. Given the complexity of the protocol, the use of formal verification is crucial to ensure the protocol two correctness properties: causal consistency and preservation of data. The use of TLA+ language and tools to formally specificity and verify the proposed protocol are also described.

Analysis of a controversial decision process: the case of the pumped hydro storage power plant Atdorf in Germany

Based on the report for the unit “Métodos Interactivos de Participação e Decisão A” (Interactive methods of participation and decision A), coordinated by Prof. Lia Maldonado Teles de Vasconcelos and Prof. Nuno Miguel Ribeiro Videira Costa. This unit was provided for the PhD Program in Technology Assessment in 2015/2016.

Crowdfunding campaigns: Perceived quality and success

Research in Crowdfunding is an emerging priority within the field of Entrepreneurship. Hundreds of platforms provide nowadays multiple Crowdfunding schemes which are intended to make it easier for entrepreneurs and others to collect money from the crowd. However, only a few campaigns become successful as others don’t reach the pre-established funding goal. It is thus necessary to keep on understanding the dynamics of these platforms and the factors which justify success. The asymmetry of information has been shown to be a delicate issue as people perceive quality in different manners. As so, this research aims to understand which components of perceived quality mostly influence investments decisions. Mainly Entrepreneurship and Marketing theories were explored along the way. This is research follows a causal approach where nineteen hypotheses are tested. An experimental survey was conducted and data was collected from 127 people who were asked to evaluate one of the most important pieces of any Crowdfunding campaign – the pitch video – and consequently invest on the presented products.

Product quality judgments in a two-sequence cue environment

Previous research demonstrated that the sequence of informational cues and the level of distraction have an impact on the judgment of a product’s quality. This study investigates the influence of the force behind the processing of these cues, working memory (WM). The results indicate that without distraction, consumers with low and high WM capacity (WMC) equally base their product evaluation on the first sequential cue. In the presence of a distractor, however, low WM individuals are no longer able to recall the initial cue, and thus derive their product judgment from the final cue. Moreover, evidence of intercultural differences in the perception of product related cues, and their aptitude for signaling a favorable product quality is provided.

Does the existing Corporate Governance structure and strict Legal Framework, affect the strategic decisionmaking of CEOs?

This thesis is a case study on Corporate Governance and Business Ethics, using the Portuguese Corporate Law as a general setting. The thesis was conducted in Portugal with illustrations on past cases under the Business Judgment Rule of the State of Delaware, U.SA along with illustrations on current cases in Portugal under the Portuguese Judicial setting, along with a comparative analysis between both. A debate is being considered among scholars and executives; a debate on best practices within corporate governance and corporate law, associated with recent discoveries of unlawful investments that lead to the bankruptcy of leading institutions and an aggravation of the crisis in Portugal. The study aimed at learning possible reasons and causes for the current situation of the country’s corporations along with attempts to discover the best way to move forward. From the interviews and analysis conducted, this paper concluded that the corporate governance structure and legal frameworks in Portugal were not the sole influencers behind the actions and decisions of Corporate Executives, nor were they the main triggers for the recent corporate mishaps. But it is rather a combination of different factors that played a significant role, such as cultural and ethical aspects, individual personalities, and others all of which created gray areas beyond the legal structure, which in turn accelerated and aggravated the corporate governance crisis in the country.