Direito a ser esquecido na internet

With the recent technological development, we have been witnessing a progressive loss of control over our personal information. Whether it is the speed in which it spreads over the internet or the permanent storage of information on cloud services, the means by which our personal information escapes our control are vast. Inevitably, this situation allowed serious violations of personal rights. The necessity to reform the European policy for protection of personal information is emerging, in order to adapt to the technological era we live in. Granting individuals the ability to delete their personal information, mainly the information which is available on the Internet, is the best solution for those whose rights have been violated. However, once supposedly deleted from the website the information is still shown in search engines. In this context, “the right to be forgotten in the internet” is invoked. Its implementation will result in the possibility for any person to delete and stop its personal information from being spread through the internet in any way, especially through search engines directories. This way we will have a more comprehensive control over our personal information in two ways: firstly, by allowing individuals to completely delete their information from any website and cloud service and secondly by limiting access of search engines to the information. This way, it could be said that a new and catchier term has been found for an “old” right.

O abuso do direito no Direito do Consumo

In Consumer Law there is a special concern to protect the consumer, who is the weaker party in the legal relationship. With this thesis we intend to show that the professional sometimes needs protection against abusive conducts from consumers. The thesis describes the different categories of abuse of rights and explains some types of consumer contracts. After examining some of the consumer’s rights, we list some situations where the consumer acts frequently with abuse of rights, by analyzing judicial decisions. We conclude that it is not possible which conducts may involve an abuse of right in an abstract manner. Only by analyzing every case and its characteristics individually can one decide where there is an abuse of right.

Contratos de prestação de serviços de comunicações electrónicas

The object of this dissertation is the analysis of the legal framework applicable to contracts for provision of electronic communications services, while trying to offer solutions to some of the issues regarding this matter. The main focus of this study will be the rules concerning service’s suspension, which have been recently amended. The technological development and the establishment of these services as information transmitters and work tools were noteworthy for its growing importance at the present time. These services include cable television, telephone (landline and mobile) and internet and they are regulated by Law nr 23/96, July 26th, along with other essential public services. Said law sets a group of principles and duties, such as good faith (article 3), continuity and quality of the service (article 7) and the duty to rightfully inform the user (article 4), in order to protect the users. For the analysis of legal framework applicable to these particular contracts it is also fundamental to mention Law nr 5/2004, February 10th, known as Electronic Communications Law. The provisions regarding the service’s suspension are currently prescribed in articles 52.º and 52.º-A of the law. Given the amendments introduced by Law nr 10/2013, January 28th, consumers are subjected to a regulation different from the one applicable to the other users, established in the new article 52.º-A. From our analysis, we have concluded that the main change from past provisions has to do with the automatic termination of the contract as consequence of the consumer’s failure to pay the price or to conclude a written payment arrangement after service’s suspension.

Negociação por conta própria e os conflitos de interesses

Mestrado em Ciências Jurídicas Empresariais

Períodos de Fidelização

This dissertation aims to study the loyalty clauses present in most of the long lasting service contracts. We introduce its main features and the consequences that arise from breaching of contract. We analyze the presence of loyalty periods in the Portuguese legislation. In this sense, we discuss Decree-Law 446/85, Law 24/96, Decree-Law 57/2008 and Decree-Law 56/2010. The loyalty period is the minimum period of time for which the contract should be maintained. In most cases, when this obligation is not fulfilled a penalty clause is set, intending to push the weaker party to comply with the contract or sanction it when the party fails to do so. We conclude that the contractual relationship where there is a loyalty period is usually an unbalanced relationship because it only protects the interest of one party. The penalty clause should not be admitted between parties with unequal bargaining powers. The contractual imbalance is not limited to consumer contracts.

Contratos bilaterais em mercados de energia elétrica multiagente: protocolo de rede de contratos

O setor elétrico tem assistido a mudanças profundas na sua estrutura e organização, devido à sua liberalização, o que levou a uma maior competitividade nos mercados de energia elétrica. Uma gestão eficiente dos mercados de energia torna-se cada vez mais uma prioridade devido aos riscos que estes podem apresentar, aliado à elevada volatilidade dos preços e volumes nos diferentes períodos horários (incertezas na produção e consumo). A liberalização do setor elétrico levou à criação de simuladores computacionais com o objetivo de representarem os mercados de energia e as entidades nele representados. Estes são uma ferramenta essencial no apoio e compreensão do funcionamento dos mercados. A presente dissertação tem como objetivo principal desenvolver um simulador de apoio à decisão na negociação de contratos bilaterais baseado no protocolo de rede de contratos. O simulador foi analisado e testado com recurso a um caso prático envolvendo quatro comercializadores (retalhistas) e um consumidor industrial real (fábrica KERION Ceramics) do distrito de Aveiro. Foi efetuada uma análise à fábrica com o intuito de identificar e propor mediadas de eficiência energética. Foi também simulada a negociação de um novo contrato, com vista à redução dos custos energéticos da fábrica. Os resultados obtidos permitem concluir que o simulador desenvolvido é uma ferramenta importante no apoio à negociação de contratos bilaterais e, mais importante, que o consumidor industrial KERION Ceramics pode beneficiar com a negociação de um novo contrato.

O Ne bis in idem no Espaço de Liberdade, Segurança e Justiça e no Direito Europeu da Concorrência

Ne bis in idem, understood as a procedural guarantee in the EU assumes different features in the AFSJ and in european competition law. Despite having a common origin (being, in both sectors the result of the case law of the same jurisdictional organ) its components are quite distintic in each area of the integration. In the AFSJ, the content of bis and idem are broader and addressed at a larger protection of individuals. Its axiological ground is based on the freedom of movements and human dignity, whereas in european competition law its closely linked to defence rights of legal persons and the concept of criminal punishment of anticompetitive sanctions as interpreted by the ECHR´s jurisprudence. In european competition law, ne bis in idem is limited by the systemic framework of competition law and the need to ensure parallel application of both european and national laws. Nonetheless, the absence of a compulsory mechanism to allocate jurisdiction in the EU (both in the AFSJ and in the field of anti-trust law) demands a common axiological framework. In this context, ne bis in idem must be understood as a defence right based on equity and proportionality. As far as its international dimension is concerned, ne bis in idem also lacks an erga omnes effect and it is not considered to be a rule of ius cogens. Consequently, the model which the ECJ has built regarding the application of the ne bis in idem in transnational and supranational contexts should be replicated by other courts through cross fertilization, in order to internationalize that procedural guarantee and broaden its scope of application.

A discriminação em função da idade no direito do trabalho

In this thesis, we will treat the discrimination based on age, more specifically of older workers. In recent years, there was an increasing interest on the part of doctrine and jurisprudence on this subject. In fact, in a world in which you live a real economic crisis, older workers tend to have difficulties finding jobs or are targets of the discrimination based on age, at the time of hiring or during the contract. Thus, we will focus on discrimination. We will examine, first, the difference between direct and indirect discrimination, taking into account the importance of the burden of proof, then we will study the figures of positive action measures. Then, treat the legislative framework of the discrimination based on age, that is, in relation to the Labor Code and the Directive 2000/78/EC of November 27, 2000. Eventually, we will determine the cases in which they may accept the discrimination based on age. In fact, these differences in treatment based on age are justified, but must be aimed at a legitimate objective with appropriate and necessary means.

A protecção jurídica do consumidor em Angola

The scope of the present work is to study the legal protection conferred upon the consumer in Angola, especially as regards electronic communication agreements. Its purpose is to promote consumers’ rights and contribute to its defence given the relatively privileged position of professionals in their relationship with consumers. With this in mind, we have made a description of the Consumer Law in Angola based on the Angolan Constitution (as the law that establishes the fundamental rights and guarantees of citizens) and on the Consumer’s Defence Law, which, as the basic law regarding consumers’ rights, provides the framework for this dissertation. We have analysed several aspects relating to consumer relationships, starting from its concept and rights of consumers and covering the legal and contractual mechanisms put in place for their protection. We have also analysed the Advertising Law with a view to better understand consumer’s rights before advertising campaigns carried out by professionals whilst promoting their goods and services and, additionally, to understand the duties and principles that shall be complied with in such campaigns with the purpose to protect the rights and interests of consumers. From a criminal point of view, we have briefly covered the crimes against consumers provided for in the Penal Code and the Law of Infractions against the Economy. In the second part of this work, we have summarised the institutions that protect the rights and interests of consumers, which include the Public Prosecutor Office, the National Institute for the Defence of the Consumers and the Consumers’ Associations. The third and last part of this work covers electronic communications agreements. Given the fact that there is no specific legislation in this matter, our analysis was based on the Civil Code – specifically the part relating to contracts – the Law on General Contractual Terms and Conditions and the Consumer’s Defence Law. We have analysed the formation of contracts, compliance and consumers’ rights resulting from contract breach. We further have appealed to the Angolan legislator to legislate certain aspects of consumer relationships, especially those where breach of consumers’ rights are blatant and facilitated by the lack of specific laws addressing such cases.

Contrato de abertura de crédito bancário

La recherche que nous avons mené à bien avait pour but, dans un premier temps de comprendre la notion de contrat, ses caractéristiques, fonctions et les garanties qui en peuvent être fournies. Nous invoquerons le contenu du contrat, c'est à dire, les effets de celui-ci en essayant de montrer les droits et obligations auxquels les parties seront liées. Bien qu'étant un contrat assez requérant dans la pratique bancaire, celui-ci n'a pas encore attiré l'attention du législateur de façon à établir un régime qui pourrait lui être appliqué au lieu de s'appuyer sur d'autres contrats lui étant similaires. Nous proposons l'analyse de la cessation du contrat, en se concentrant sur les moyens de la dissolution, survenue suite à la conclusion de l'accord comme la plainte, l'abrogation, l'expiration et la résolution du contrat, en laissant de côté la dissolution du contrat pour des raisons survenues avant la conclusion du contrat, comme la nullité et l'annulation.

O direito de exoneração do acionista minoritário

This study specifically addresses the situation of minority shareholders after the transfer of control in an listed company. The various underlying interests and reasons that shareholders have for investing in a company can demonstrate shareholders’ reasoning for taking radically different positions on issues relating to the transfer of control of the referred company. This study analyses the current legal system in Portugal and in the European Union in order to assess whether, in the event of a takeover bid of a listed company where there is a transfer of control, minority shareholders have the same appraisal rights as other shareholders to sell their shares and leave the company. The study then examines the European Court of Justice decision on whether a general principle of equal treatment of minority shareholders exists upon a transfer of control (Audiolux) and the Portuguese Securities Market Commission decision regarding the delisting of Brisa - Autoestradas de Portugal, S.A. based on the principle of investor protection. The study concludes that although the principle of equality amongst shareholders has made progress in the European legal system e.g. it is laid down in Directive 2004/25/EC of 21 April 2004 on takeover bids and the Portuguese Securities Market Code, there is also a need for further improvement, which can be accomplished by allowing minority shareholders to exercise an appraisal right in similar unregulated situations.