Res Publica: Citizenship and Political Representation in Portugal, 1820-1926

The term res publica (literally “thing of the people”) was coined by the Romans to translate the Greek word politeia, which, as we know, referred to a political community organised in accordance with certain principles, amongst which the notion of the “good life” (as against exclusively private interests) was paramount. This ideal also came to be known as political virtue. To achieve it, it was necessary to combine the best of each “constitutional” type and avoid their worst aspects (tyranny, oligarchy and ochlocracy). Hence, the term acquired from the Greeks a sense of being a “mixed” and “balanced” system. Anyone that was entitled to citizenship could participate in the governance of the “public thing”. This implied the institutionalization of open debate and confrontation between interested parties as a way of achieving the consensus necessary to ensure that man the political animal, who fought with words and reason, prevailed over his “natural” counterpart. These premises lie at the heart of the project which is now being presented under the title of Res Publica: Citizenship and Political Representation in Portugal, 1820-1926. The fact that it is integrated into the centenary commemorations of the establishment of the Republic in Portugal is significant, as it was the idea of revolution – with its promise of rupture and change – that inspired it. However, it has also sought to explore events that could be considered the precursor of democratization in the history of Portugal, namely the vintista, setembrista and patuleia revolutions. It is true that the republican regime was opposed to the monarchic. However, although the thesis that monarchy would inevitably lead to tyranny had held sway for centuries, it had also been long believed that the monarchic system could be as “politically virtuous” as a republic (in the strict sense of the word) provided that power was not concentrated in the hands of a single individual. Moreover, various historical experiments had shown that republics could also degenerate into Caesarism and different kinds of despotism. Thus, when absolutism began to be overturned in continental Europe in the name of the natural rights of man and the new social pact theories, initiating the difficult process of (written) constitutionalization, the monarchic principle began to be qualified as a “monarchy hedged by republican institutions”, a situation in which not even the king was exempt from isonomy. This context justifies the time frame chosen here, as it captures the various changes and continuities that run through it. Having rejected the imperative mandate and the reinstatement of the model of corporative representation (which did not mean that, in new contexts, this might not be revived, or that the second chamber established by the Constitutional Charter of 1826 might not be given another lease of life), a new power base was convened: national sovereignty, a precept that would be shared by the monarchic constitutions of 1822 and 1838, and by the republican one of 1911. This followed the French example (manifested in the monarchic constitution of 1791 and in the Spanish constitution of 1812), as not even republicans entertained a tradition of republicanism based upon popular sovereignty. This enables us to better understand the rejection of direct democracy and universal suffrage, and also the long incapacitation (concerning voting and standing for office) of the vast body of “passive” citizens, justified by “enlightened”, property- and gender-based criteria. Although the republicans had promised in the propaganda phase to alter this situation, they ultimately failed to do so. Indeed, throughout the whole period under analysis, the realisation of the potential of national sovereignty was mediated above all by the individual citizen through his choice of representatives. However, this representation was indirect and took place at national level, in the hope that action would be motivated not by particular local interests but by the common good, as dictated by reason. This was considered the only way for the law to be virtuous, a requirement that was also manifested in the separation and balance of powers. As sovereignty was postulated as single and indivisible, so would be the nation that gave it soul and the State that embodied it. Although these characteristics were common to foreign paradigms of reference, in Portugal, the constitutionalization process also sought to nationalise the idea of Empire. Indeed, this had been the overriding purpose of the 1822 Constitution, and it persisted, even after the loss of Brazil, until decolonization. Then, the dream of a single nation stretching from the Minho to Timor finally came to an end.

Fatores de risco de queda em idosos institucionalizados

RESUMO: A ocorrência de queda no idoso constitui uma preocupação no que se refere à morbilidade e mortalidade, sendo um fator a ter em conta no atual envelhecimento populacional. Torna-se assim perentório analisar quais os fatores de risco de forma a intervir de forma preventiva. Objetivo: Este estudo pretendeu identificar os fatores de risco associados à ocorrência de queda em idosos institucionalizados na Mansão de Santa Maria de Marvila, em Lisboa. Método: O estudo realizado foi observacional, longitudinal, prospetivo e analítico. Os idosos foram avaliados num momento inicial no que respeita aos fatores de risco descritos na literatura e posteriormente foi observada a ocorrência ou ausência de queda durante seis meses consecutivos. Resultados: Dos 45 idosos, 20 sofreram ocorrência de queda e destes 13 sofreram quedas múltiplas. Dos fatores de risco analisados, encontrou-se associação entre a ocorrência de queda e o historial de queda, o medo de cair, o défice cognitivo e o défice funcional e o desempenho na marcha. Conclusão: O número de quedas ocorridas foi elevado, destacando-se a ocorrência frequente de quedas múltiplas por residente. Concluiu-se que os fatores de risco de queda nesta população são múltiplos, sendo que os recursos das instituições devem ser orientados para os mesmos de forma a prevenir a queda.------------ABSTRACT:The occurrence of falls in the elderly is a concern regarding morbidity and mortality, being a factor to be taken into account in the current population aging. It thus becomes urgent to analyze which are the risk factors in order to intervene preventively. Objective: This study aimed to identify risk factors associated with the occurrence of falls in institutionalized elderly at Mansão Santa Maria de Marvila in Lisbon. Method: The study was observational, longitudinal, prospective and analytical. Risk factors described in the literature were evaluated in an initial phase and subsequently the occurrence or absence of falling was observed for six consecutive months.Results: Of the 45 subjects, 20 had sustained occurrence of falls and of these 13 had suffered multiple falls. Of the risk factors examined, there was an association between the occurrence of fall and a history of falling, fear of falling, cognitive impairment and functional impairment and gait performance. Conclusion: The number of falls occurred was high, especially the frequent occurrence of multiple falls per resident. It was concluded that the risk factors of falls in this population are multiple, and the resources of the institutions should be directed to them to prevent the falls.

m-SportGIS

Information technologies (ITs), and sports resources and services aid the potential to transform governmental organizations, and play an important role in contributing to sustainable communities development, respectively. Spatial data is a crucial source to support sports planning and management. Low-cost mobile geospatial tools bring productive and accurate data collection, and their use combining a handy and customized graphical user interface (GUI) (forms, mapping, media support) is still in an early stage. Recognizing the benefits — efficiency, effectiveness, proximity to citizens — that Mozambican Minister of Youth and Sports (MJD) can achieve with information resulted from the employment of a low-cost data collection platform, this project presents the development of a mobile mapping application (app) — m-SportGIS — under Open Source (OS) technologies and a customized evolutionary software methodology. The app development embraced the combination of mobile web technologies and Application Programming Interfaces (APIs) (e.g. Sencha Touch (ST), Apache Cordova, OpenLayers) to deploy a native-to-the-device (Android operating system) product, taking advantage of device’s capabilities (e.g. File system, Geolocation, Camera). In addition to an integrated Web Map Service (WMS), was created a local and customized Tile Map Service (TMS) to serve up cached data, regarding the IT infrastructures limitations in several Mozambican regions. m-SportGIS is currently being exploited by Mozambican Government staff to inventory all kind of sports facilities, which resulted and stored data feeds a WebGIS platform to manage Mozambican sports resources.

Relating the spatial component and users interests to improve applications based on questions, petitions and participatory processes

Nowadays, participatory processes attending the need for real democracy and transparency in governments and collectives are more needed than ever. Immediate participation through channels like social networks enable people to give their opinion and become pro-active citizens, seeking applications to interact with each other. The application described in this dissertation is a hybrid channel of communication of questions, petitions and participatory processes based on Public Participation Geographic Information System (PPGIS), Participation Geographic Information System (PGIS) and ‘soft’ (subjective data) Geographic Information System (SoftGIS) methodologies. To achieve a new approach to an application, its entire design is focused on the spatial component related with user interests. The spatial component is treated as main feature of the system to develop all others depending on it, enabling new features never seen before in social actions (questions, petitions and participatory processes). Results prove that it is possible to develop a working application mainly using open source software, with the possibility of spatial and subject filtering, visualizing and free download of actions within application. The resulting application empowers society by releasing soft data and defines a new breaking approach, unseen so far.

A qualidade de vida e a satisfação dos utentes em unidades de internamento da Rede Nacional de Cuidados Continuados Integrados (RNCCI)

RESUMO - Enquadramento: Com o aumento da Esperança Média de Vida, e o consequente envelhecimento generalizado da população portuguesa, envelhecer com boa saúde e com elevada qualidade de vida, onde as pessoas com mais de 65 anos tenham a possibilidade de expressar todas as suas potencialidades e manterem um papel ativo na sua vida e na sociedade, é vincadamente um dos maiores desafios da sociedade contemporânea. Desta forma, foi imposto à sociedade e aos sistemas de saúde, a criação de novas estratégias, que promovessem a reabilitação, a autonomia e a qualidade de vida dos idosos. Nesta linha, surgiu em Portugal a criação da Rede Nacional de Cuidados Continuados Integrados, combinando os cuidados de saúde com o apoio social adequado a esta população. Objetivos: Num primeiro objetivo, pretende-se avaliar os diferentes domínios da autoperceção de qualidade de vida de indivíduos com idade igual ou superior a 65 anos, que se encontrem em período de internamento nas diferentes tipologias de Unidades de internamento da RNCCI (Unidade de Convalescença, Unidade de Média Duração e Reabilitação e Unidade de Longa Duração e Manutenção), bem como o seu grau de (in) dependência, de risco de falha de auto-cuidado, e de risco de quedas. Como segundo objetivo propomo-nos a avaliar o grau de satisfação desses mesmos utentes, relativamente à equipa de profissionais de saúde e aos aspetos organizacionais e serviços prestados pela Unidade da RNCCI, onde se encontram internados. Por último, pretendemos averiguar a existência ou inexistência de relação entre as demais variáveis em estudo com a tipologia de Unidade de internamento onde o utente se encontra a receber cuidados. Métodos: O presente estudo é caraterizado como um estudo quantitativo, de caráter exploratório, e de índole descritivo-correlacional, que visa descrever fenómenos e, posteriormente, identificar e explorar possíveis relações entre variáveis. O estudo centrou-se em indivíduos, com idade igual ou superior a 65 anos, internados em Unidades de Cuidados Continuados da Rede Nacional de Cuidados Continuados Integrados, tendo sido efetuados dois questionários distintos: um de satisfação, e um segundo instrumento de perceção da qualidade de vida, denominado de EasyCare, estando este já cientificamente validado a nível internacional e nacional. Foi obtida uma amostra de 35 utentes.

Liberdade e tolerância religiosa: "portugueses não católicos" no ultramar do século XIX

The personal legal status of native non catholic people of Portuguese colonial Empire during the nineteenth century, their position in what concerns Portuguese citizenship, is the main subject of this article. While discussing constitutional articles on religion, Portuguese deputies of the nineteenth century were confronted with a set of problems about that status which they find difficult to solve: should non catholic peoples who were born in Portuguese colonial territory be treated as plain Portuguese citizens or where they just “savage people”, “colonial subjects” or, in a more optimistic approach, “civilizing subjects”. The results were not conclusive, giving rise to an “uncertainty principle” which enabled central and local government to decide in an almost casuistic way about native people status and rights.

The role of qualitative data and systems thinking in addressing service decline in market towns

Retail services are a main contributor to municipal budget and are an activity that affects perceived quality-of-life, especially for those with mobility difficulties (e.g. the elderly, low income citizens). However, there is evidence of a decline in some of the services market towns provide to their citizens. In market towns, this decline has been reported all over the western world, from North America to Australia. The aim of this research was to understand retail decline and enlighten on some ways of addressing this decline, using a case study, Thornbury, a small town in the Southwest of England. Data collected came from two participatory approaches: photo-surveys and multicriteria mapping. The interpretation of data came from using participants as analysts, but also, using systems thinking (systems diagramming and social trap theory) for theory building. This research moves away from mainstream economic and town planning perspectives by making use of different methods and concepts used in anthropology and visual sociology (photo-surveys), decision-making and ecological economics (multicriteria mapping and social trap theory). In sum, this research has experimented with different methods, out of their context, to analyse retail decline in a small town. This research developed a conceptual model for retail decline and identified the existence of conflicting goals and interests and their implications for retail decline, as well as causes for these. Most of the potential causes have had little attention in the literature. This research also identified that some of the measures commonly used for dealing with retail decline may be contributing to the causes of retail decline itself. Additionally, this research reviewed some of the measures that can be used to deal with retail decline, implications for policy-making and reflected on the use of the data collection and analysis methods in the context of small to medium towns.

O dever de obediência a ordens ilegais na Guarda Nacional Republicana

The Republican National Guard (GNR) is a military structure and hierarchical force where discipline and obedience is a serious matter, but at the same time, the scope of its activity relates to the protection of the rights, freedoms and guarantees of citizens and the primacy of public interest. While security force, GNR ensures democratic law, guarantee the internal security and the rights of citizens. The controversial issue that lies at the heart of this work its related with the balance between the hierarchy and the written law. The hierarchy, also established by law, with given powers, exist to apply the law. However, the rule of law has exceptions. Which institute to prioritize, hierarchy or the law. And within the law, its rules or the exceptions. Who decides? The GNR's officers have to obey the laws and regulations and comply with the accuracy and timeliness determinations, orders and instructions issued by a superior, given in terms of service, as long as does not involve the practice of crime. The GNR´s officer with command tasks exercises power of authority inherent in these functions, and the corresponding disciplinary authority, being responsible for acts by himself or by his order are practiced. Identify situations of exception to law enforcement, the situations in which one must obey illegal orders, is difficult and thankless, it requires conferred authority and raises the weight of responsibility for decisions and orders issued.

A tutela preventiva da responsabilidade civil

The contemporary society is characterized by high risks. Today, the prevention of damages is as important as compensation. This is due to the fact that the potentiality of several damages is not in line with compensation, because often compensation proves to be impossible. Civil law should be at the service of the citizens, which explains that the heart of the institution of non-contractual liability has gradually moved towards the victim's protection. It is requested from Tort law an active attitude that seeks to avoid damages, reducing its dimension and frequency. The imputation by risk proves to be necessary and useful in the present context as it demonstrates the ability to model behaviors, functioning as a warning for agents engaged in hazardous activities. Economically, it seeks to prevent socially inefficient behaviors. Strict liability assumes notorious importance as a deterrent and in the dispersion of damage by society. The paradigm of the imputation founded on fault has proved insufficient for the effective protection of the interests of the citizens, particularly if based in an anachronistic vision of the concept of fault. Prevention arises in several areas, especially in environmental liability, producer liability and liability based on infringement of copyright and rights relating to the personality. To overcome the damage as the gauge for compensation does not inevitably mean the recognition of the punitive approach. Prevention should not be confused with reactive/punitive objectives. The deterrence of unlawful conduct is not subordinated to punishment.

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.

Estimating demand for primary health care services

Primary health services exist with the purpose of providing basic health care to every person at a cost they can afford. But is it fully available to everyone? The objective of this work project is to estimate the demand for primary health care services having into account that in some regions the citizens are not using as much health care as they would like due to supply side constraints. Using the number of consultations as proxy for demand, and applying an econometric tool called switching regression, the demand for primary health care services will be estimated.

Fostering e-participation sustainability through a BPM-driven semantic model

According to a recent Eurobarometer survey (2014), 68% of Europeans tend not to trust national governments. As the increasing alienation of citizens from politics endangers democracy and welfare, governments, practitioners and researchers look for innovative means to engage citizens in policy matters. One of the measures intended to overcome the so-called democratic deficit is the promotion of civic participation. Digital media proliferation offers a set of novel characteristics related to interactivity, ubiquitous connectivity, social networking and inclusiveness that enable new forms of societal-wide collaboration with a potential impact on leveraging participative democracy. Following this trend, e-Participation is an emerging research area that consists in the use of Information and Communication Technologies to mediate and transform the relations among citizens and governments towards increasing citizens’ participation in public decision-making. However, despite the widespread efforts to implement e-Participation through research programs, new technologies and projects, exhaustive studies on the achieved outcomes reveal that it has not yet been successfully incorporated in institutional politics. Given the problems underlying e-Participation implementation, the present research suggested that, rather than project-oriented efforts, the cornerstone for successfully implementing e-Participation in public institutions as a sustainable added-value activity is a systematic organisational planning, embodying the principles of open-governance and open-engagement. It further suggested that BPM, as a management discipline, can act as a catalyst to enable the desired transformations towards value creation throughout the policy-making cycle, including political, organisational and, ultimately, citizen value. Following these findings, the primary objective of this research was to provide an instrumental model to foster e-Participation sustainability across Government and Public Administration towards a participatory, inclusive, collaborative and deliberative democracy. The developed artefact, consisting in an e-Participation Organisational Semantic Model (ePOSM) underpinned by a BPM-steered approach, introduces this vision. This approach to e-Participation was modelled through a semi-formal lightweight ontology stack structured in four sub-ontologies, namely e-Participation Strategy, Organisational Units, Functions and Roles. The ePOSM facilitates e-Participation sustainability by: (1) Promoting a common and cross-functional understanding of the concepts underlying e-Participation implementation and of their articulation that bridges the gap between technical and non-technical users; (2) Providing an organisational model which allows a centralised and consistent roll-out of strategy-driven e-Participation initiatives, supported by operational units dedicated to the execution of transformation projects and participatory processes; (3) Providing a standardised organisational structure, goals, functions and roles related to e-Participation processes that enhances process-level interoperability among government agencies; (4) Providing a representation usable in software development for business processes’ automation, which allows advanced querying using a reasoner or inference engine to retrieve concrete and specific information about the e-Participation processes in place. An evaluation of the achieved outcomes, as well a comparative analysis with existent models, suggested that this innovative approach tackling the organisational planning dimension can constitute a stepping stone to harness e-Participation value.

Segurança privada

This work aims to reflect on the way as the security has come to evolue, fitting new private actors who now play functions, long ago private the public beings. This new situation raises issues of privatization of public authority, which puts into question the ius imperii and rights of citizens. Although private security is a growing reality, and that it needed to study.

O estatuto laboral do trabalhador estrangeiro em Portugal

After reading about the current legal regime regarding the foreign workers we realize the high relevance this area has, nevertheless the research about these issues has been lying somewhat stagnant in Portugal, particularly as it refers to non-EU citizens. At a time when we witness a progressive increase of the migratory movements we propose ourselves, in this study, to understand more clearly the current legal system in the matter of foreign worker rights, and, from a pragmatic point of view, to question some choices of the legislator in order to understand if these serves to the best protection of the rights and duties of the foreign workers and the new situations arising from this phenomenon, considering any system weaknesses. However, we realize that much remains to be done in this field, both in terms of true equal rights between nationals and foreigners, and either as what regards to an effort to harmonize these issues by the States, which tend to favor national sovereignty and its economic interests rather than protecting the fundamental rights of workers.

Consumer satisfaction with water, wastewater and waste services in Portugal

While the concept of consumer satisfaction is a central topic in modern marketing theory and practice, citizens' satisfaction with public services, and especially water and waste services, is a eld that still remains empirically rather unexplored. The following study aims to contribute to this area by analysing the determinants of user satisfaction in the water, wastewater and waste sector in Portugal, using a unique survey of 1070 consumers undertaken by the Portuguese Water and Waste Regulator ERSAR. I perform an analysis of the relation between overall service satisfaction and attributespeci c service satisfaction with an ordered logit model. I then explore if subjective consumer satisfaction can be re ected by ERSAR's technical performance indicators. The results suggest that overall consumer satisfaction is driven by consumer's satisfaction with speci c service aspects but unrelated to socioeconomic and demographic characteristics. Furthermore, I show that there is no monotonic association between ERSAR's technical performance indicators and consumers' levels of satisfaction.