A lei aplicável ao processo de arbitragem internacional

This paper is the author’s Master’s Thesis. It aims to study the content of lexarbitri, i.e. the relevant law regarding international arbitration. Under both Portuguese law and UNCITRAL model law, the seat’s legal provisions shall be applied at all times. Contrarily, French and Swiss legislations allow parties and arbitrators to apply any arbitration law to international arbitration, whether the seat law or a foreign arbitration law. There is not a sole understanding towards the criteria to determine the legal provisions that shall govern international arbitration. Traditionally, the lexarbitri would correspond to the arbitration law of the seat of the arbitration. The territorialist criteria remains in force under the majority of arbitration laws that the author has consulted. However, it has been criticized by several authorities in international arbitration, who suggest that the arbitration shall be governed by the law of the seat or of the place in which the award is to be enforcement, whichever better grants its enforcement – the cumulative doctrine; or the arbitration shall be governed by a set of provisions that make up the autonomous transnational legal, regardless of the legal provisions of the law of the seat – the transnational doctrine. The author intends to debate the three mentioned understandings regarding the lexarbitriand further explains why the territorialist criteria is the most adequate to the characteristics and demands of international arbitration, to the governing instruments in force and to the need for a useful award.

Ressocialização no meio prisional

This paper examine the purpose of rehabilitation while main purpose of imprisonment application, and the divergence between its central role assumed in legislation and what is being practiced in the institutional dimension. This study aims to determine the expected outcome of this dialectical opposition, in pursuit of preventive purposes that guide the criminal reactions of Portuguese criminal - legal system. To this end, the sentence of imprisonment shall be framed in the main politico- criminal traits of our country, analyzing the standards and principles that underlie and underpin our legal – criminal system. The guiding principles of the prison sentence and the respective legislation will be presented, such as the prison system and treatment provided to achieve the above desideratum. Finally material factors and legislative contradictions that oppose the rehabilitation in prisons will be presented. The dissertation does not intend to expose the solution to this paradox insurmountable, but rather present the main factors that hinder the achievement of the objectives intended to be achieved with the prison sentence.

Outros fados. Cosntruindo um centro comunitário num bairro histórico: reflexos sociais dos processos em curso na Mouraria

Projecto que acompanha o trabalho da Associação “Renovar a Mouraria”, com sede na Casa Conunitária da Mouraria. Tenta captar de que forma as actividades desta reflectem os processos sociais em curso no bairro, nomeadamente os fluxos de imigração, a reabilitação urbana e a gentrificação. É dado ênfase à dificuldade em construir relações de confiança entre população e estruturas de poder num bairro fortemente ostracizado. Enquanto filme etnográfico, as imagens tendem a mostrar linhas narrativas de actividades mais relevantes na associação. Coloca também questões de apropriação do espaço urbano e de como as pessoas se definem a si próprias e ao sítio onde vivem.

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.

A lei aplicável ao processo de arbitragem internacional

This paper is the author’s Master’s Thesis. It aims to study the content of lexarbitri, i.e. the relevant law regarding international arbitration. Under both Portuguese law and UNCITRAL model law, the seat’s legal provisions shall be applied at all times. Contrarily, French and Swiss legislations allow parties and arbitrators to apply any arbitration law to international arbitration, whether the seat law or a foreign arbitration law. There is not a sole understanding towards the criteria to determine the legal provisions that shall govern international arbitration. Traditionally, the lexarbitri would correspond to the arbitration law of the seat of the arbitration. The territorialistcriteria remains in force under the majority of arbitration laws that the author has consulted.However, it has been criticized by several authorities in international arbitration, who suggest that the arbitration shall be governed by the law of the seat or of the place in which the award is to be enforcement, whichever better grants its enforcement – the cumulative doctrine; or the arbitration shall be governed by a set of provisions that make up the autonomous transnational legal, regardless of the legal provisions of the law of the seat – the transnational doctrine. The author intends to debate the three mentioned understandings regarding the lexarbitriand further explains why the territorialist criteria is the most adequate to the characteristics and demands of international arbitration, to the governing instruments in force and to the need for a useful award.