Relatório de estágio curricular Federação Portuguesa de Futebol

This report aims to present the work that has been developed throughout the internship in the Portuguese Football Federation. First it is presented a characterization of the host institution, not only on its legal framework, but also on how it works. Then it´s revealed the work done during the internship, which consisted mainly in the preparation of a study about the opened / litigated cases in season 2012/2013 in what football concerns, that is to say, those cases where the Portuguese Football Federation Disciplinary Board, which is always the decision-making body, had direct intervention. The study is separated into two sections (one regards the professional football and the other the non-professional football) because each one have their own competence, and the processes obey to different formalities in the two sections. Within each section are defined all process forms, and it’s made an evaluation about their decisions and the timing of each procedural stage. What is expected with this work is that it can clarify and promote some aspects of the functioning of the sports justice in what football concerns.

Portugal no conselho de segurança das Nações Unidas

The United Nations is an international organization that was created after World War II, whose main objective is to promote cooperation, social and economic development, as well as to ensure international peace and security. The Member States are key actors in the international political system. For that reason they have strategic interests in what regards taking part in the international organizations. They see it as an opportunity to achieve those goals. The United Nations Security Council has a very important role in preserving international peace and security. It is the organ of the United Nations in which fifteen member states are represented: five permanently and ten non-permanently, being that the latter are elected for two years. Participating in the Security Council is a unique opportunity for middle powers like Portugal to promote their national interests and to increase their international visibility. In addition, they can contribute to the world’s destiny during their mandate period. Portugal has exercised his third term as a non-permanent member of the Security Council in 2011-2012 biennium, defeating Canada after a successful campaign carried out by the Portuguese diplomacy. This study analyses the participation of Portugal in the Security Council´s 2011-2012 biennium. It will focus the application process and election and the role of Portugal in the Security Council, especially in its the presidency and its intervention in the presidency of the Sanctions Committee on Libya. Its aim is to show the impact of Portuguese participation in the Security Council for international peace and security, as well as the geopolitical importance for the country of being part of the Security Council.

Os diferentes níveis de regulação legal dos conflitos de interesses no âmbito da gestão de fundos de investimento mobiliário

In the context of the activity developed by securities investment funds (hereinafter referred to “SIF”) the holders of investment units have a very tiny power to intervene. Aware of the risks that a decoupling between ownership and control may pose, the legislator has foreseen a number of impositions and limitations to the activity of the managing entities, namely to prevent or prohibit the performance of acts in situations of potential conflicts of interests. Accordingly, the purpose of the dissertation on – “Os diferentes níveis de regulação legal dos conflitos de interesses no âmbito da gestão de FIM” – is exactly to determine the field of application of the several levels of legal regulation of the conflicts of interests that arise within the scope of the management of SIF, both at the level of the new legal requirements governing collective investment undertakings, and at the level of the legal requirements governing the conflicts of interests foreseen in the Portuguese Securities Code, in order to clarify the articulation of these different levels of conflicts of interests regulations.

A liberalização do mercado energético e o papel das entidades reguladoras

The liberalisation of the energy market goes back to the 1990s, when it was impelled by the European legislator. Since then, three legislative packages, temporarily successive, were approved. Those packages contained the measures to be implemented in order to deepen the internal energy market. Besides the opening up of several national markets to competition, the European legislator aimed the creation of a real internal energy market within the European Union. The unbundling regime was one of the most important steps with respect to the liberalisation process. The introduction of these rules ensured independence to the various market operators. A real and effective right of choice was granted to the consumers so they may choose their electricity and natural gas supplier. Therefore, the activity of comercialisation is subject to competition. However, some activities of the electricity’s and natural gas’ chain of value, namely the activities of transportation and distribution, were kept under regulation rules. Even though it may seem odd, the assignment of important competences and strong powers to a regulatory authority was essential in order to achieve the liberalisation process’ goals. Electricity and natural gas are essential public goods; therefore the market operators are legally bound to public service obligations, such as the security, the universality and the continuity of the supply. The performance of these obligations may become, in some cases, unprofitable for those operators. For such reason, the protection of the consumers’ rights shall only be properly defended if there is a regulatory authority that monitors the behaviour of the operators and sanctions the failure to comply with the public service obligations. Portugal, as a Member State of the European Union, transposed into the national legal order the European directives concerning the liberalisation process. This transposition has caused radical changes to the electricity and natural gas’ national markets. The Entidade Reguladora dos Serviços Energéticos also suffered various mutations in order to keep up with the regulatory demands regarding the liberalisation process.

Does companionate love express itself unequally in different organizational forms (private companies, hybrid and non-governmental organizations)?

Although, the word “Love” in organizations is seen as a rare concept, but it has gained importance in management theoretical foundation. This study seeks to explore the companionate love in distinct of organizational forms (Private companies; Social organizations; NGO and IPSS) through interviews. The results propose that it is a tensional concept with a complex dynamic: tension of personal behavior, tension of professional behavior; tension of individual impact and tension of community impact. The love dynamic has common points to all organizations, but its expression depends on the specific form of the organization.

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.