113 resultados para penal system


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The need for more efficient illumination systems has led to the proliferation of Solid-State Lighting (SSL) systems, which offer optimized power consumption. SSL systems are comprised of LED devices which are intrinsically fast devices and permit very fast light modulation. This, along with the congestion of the radio frequency spectrum has paved the path for the emergence of Visible Light Communication (VLC) systems. VLC uses free space to convey information by using light modulation. Notwithstanding, as VLC systems proliferate and cost competitiveness ensues, there are two important aspects to be considered. State-of-the-art VLC implementations use power demanding PAs, and thus it is important to investigate if regular, existent Switched-Mode Power Supply (SMPS) circuits can be adapted for VLC use. A 28 W buck regulator was implemented using a off-the-shelf LED Driver integrated circuit, using both series and parallel dimming techniques. Results show that optical clock frequencies up to 500 kHz are achievable without any major modification besides adequate component sizing. The use of an LED as a sensor was investigated, in a short-range, low-data-rate perspective. Results show successful communication in an LED-to-LED configuration, with enhanced range when using LED strings as sensors. Besides, LEDs present spectral selective sensitivity, which makes them good contenders for a multi-colour LED-to-LED system, such as in the use of RGB displays and lamps. Ultimately, the present work shows evidence that LEDs can be used as a dual-purpose device, enabling not only illumination, but also bi-directional data communication.

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There have never been so many touch points between companies and consumers as there are today, which paradoxically makes it very challenging for companies to be able to retain and engage customers. Gamification is a strategy used by a large number of companies to increase customer engagement and customer lifetime value. This work aims at developing a gamification system for MyGon, a Portuguese startup working in the market of discounts and experiences. In addition to examining the literature concerning gamification, its elements and characteristics, recommendations were developed for addressing MyGon’s business goals of increasing conversion and customer engagement. The gamification mechanisms suggested include badges, missions, points, leaderboards and levels.

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Currently the world swiftly adapts to visual communication. Online services like YouTube and Vine show that video is no longer the domain of broadcast television only. Video is used for different purposes like entertainment, information, education or communication. The rapid growth of today’s video archives with sparsely available editorial data creates a big problem of its retrieval. The humans see a video like a complex interplay of cognitive concepts. As a result there is a need to build a bridge between numeric values and semantic concepts. This establishes a connection that will facilitate videos’ retrieval by humans. The critical aspect of this bridge is video annotation. The process could be done manually or automatically. Manual annotation is very tedious, subjective and expensive. Therefore automatic annotation is being actively studied. In this thesis we focus on the multimedia content automatic annotation. Namely the use of analysis techniques for information retrieval allowing to automatically extract metadata from video in a videomail system. Furthermore the identification of text, people, actions, spaces, objects, including animals and plants. Hence it will be possible to align multimedia content with the text presented in the email message and the creation of applications for semantic video database indexing and retrieving.

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Capital Requirements have been gaining importance in the current macroeconomic and financial environment and Portugal is no exception. Nonetheless, despite the several media articles on this subject, the associations with Loan Market Conditions, namely availability and pricing are still unstudied. Thus, this project adds to the existing literature a characterization of Portuguese four biggest banks on capital reporting and requirements fulfillment. It is concluded that banks under analysis need to increase capital and that there is an association between the variables under study: Share Capital is negatively correlated with Credit Volume, and it is positively correlated with Net Commercial Income.

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Currently, gambling doesn’t have a strong social disapproval. However, the phenomenon of gambling raises several issues related to property protection, compulsive gambling, the youngest personality development, the State taxes and social development measures, which some authors believe to be the protected legal interest in the criminalization of illegal gambling exploitation. However, the authorization system, and because several of those interests, constitutionally protected, are also violated in the authorized gambling places, it appears that the legislator intended to define the legal interest as the order and public tranquility. The purpose of this study is to understand what is protected with the illegal gambling exploitation. This will involve defining the concept of exploitation and the concept of gambling. Still, we will try to know if there are situations without ethical and social resonance and what their consequences.

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Fado was listed as UNESCO Intangible Cultural Heritage in 2011. This dissertation describes a theoretical model, as well as an automatic system, able to generate instrumental music based on the musics and vocal sounds typically associated with fado’s practice. A description of the phenomenon of fado, its musics and vocal sounds, based on ethnographic, historical sources and empirical data is presented. The data includes the creation of a digital corpus, of musical transcriptions, identified as fado, and statistical analysis via music information retrieval techniques. The second part consists in the formulation of a theory and the coding of a symbolic model, as a proof of concept, for the automatic generation of instrumental music based on the one in the corpus.

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Nowadays manufacturing companies are facing a more challenging environment due to the unpredictability of the markets in order to survive. Enterprises need to keep innovating and deliver products with new internal or external characteristics. There are strategies and solutions, to different organisational level from strategic to operational, when technology is growing faster in operational level, more specifically in manufacturing system. This means that companies have to deal with the changes of the emergent manufacturing systems while it can be expensive and not easy to be implement. An agile manufacturing system can help to cope with the markets changeability. Evolvable Production Systems (EPS) is an emergent paradigm which aims to bring new solutions to deal with changeability. The proposed paradigm is characterised by modularity and intends to introduce high flexibility and dynamism at shop floor level through the use of the evolution of new computational devices and technology. This new approach brings to enterprises the ability to plug and unplug new devices and allowing fast reformulation of the production line without reprogramming. There is no doubt about the advantages and benefits of this emerging technology but the feasibility and applicability is still under questioned. Most researches in this area are focused on technical side, explaining the advantages of those systems while there are no sufficient works discussing the implementation risks from different perspective, including business owner. The main objective of this work is to propose a methodology and model to identify, classify and measure potential risk associated with an implementation of this emergent paradigm. To quantify the proposed comprehensive risk model, an Intelligent Decision system is developed employing Fuzzy Inference System to deal with the knowledge of experts, as there are no historical data and sufficient research on this area. The result can be the vulnerability assessment of implementing EPS technology in manufacturing companies when the focus is more on SMEs. The present dissertation used the experts’ knowledge and experiences, who were involved in FP7 project IDEAS, which is one of the leading projects in this area.

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This study analyses the principle of presumption of innocence in the preliminary stages of the Portuguese criminal process, its procedural aspect related with the principle of in dubio pro reo and its material aspect concerning the treatment of the defendant during the proceedings. The consequences and manifestations of the principle of presumption of innocence are analysed in the decisions of the closing stages of the preliminary criminal procedure and the application of the principle of in dubio pro reo is analysed in the judgement of sufficiency of evidence for the procedure to continue. It addresses the question of circumstantial evidence, its particular relevance in economic and financial crime, highly organized crime, the grounds for the indictment in general and when the sufficiency of evidence criteria is based on that evidence. It analyses the scope of the principle of presumption of innocence in the application of coercive measures, with reference to the arrest, first interrogation of the accused under detention and reasons for the subsequent dispatch about the measures. The asset assurance measures of preventive seizure and the preventive seizure to ensure confiscation are analysed and principle of presumption of innocence is considered non applicable to those measures.

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The present dissertation is aimed at finding out whether the existing criminal protection of the sports ethics value is sufficient, regarding the dangers arising from the global online sports betting market and its characteristics. In the first chapter, the main issue will be introduced: the association between online sports bets and competition manipulations from a criminal point of view. In the second chapter, online sports bets will be defined, the characteristics of the referred global market explained and the danger said features bear to the manipulation of sports competitions exposed – also analysing the participants in this phenomenon. In chapter 3, it will be shown that the protection of sports ethics is a matter of public interest and that this interest is carried out by the sports federations as well. In the fourth chapter, the focus will be the criminal protection of sports ethics: its necessity based on the penal dignity of this system of sport associated values; the need to re-evaluate the existing protection due to the recognition of the existence of the online sports betting market; the existing criminal norms regarding the manipulation of sports competitions. Finally, in chapter 5, the intent will be to propose solutions to the identified problems concerning the sufficiency of the existing criminal legislation.

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This Work Project analyzes the evolution of the Portuguese personal income tax system’s progressivity over the period of 2005 through 2013. It presents the first computation of cardinal progressivity measures using administrative tax data for Portugal. We compute several progressivity indices and find that progressivity has had very modest variations from 2005 to 2012, whilst from 2012 to 2013 there has been a relatively stronger decrease, excluding the impact of the income tax surcharge of the years 2012 and 2013. When this latter is included, progressivity of 2012 and 2013 decreases considerably. Analyzing the effective average tax rates of the top income percentiles in the income scale, we find that these rates have increased over the period 2010–2013, suggesting that an analysis of effective tax rates is insufficient to assess progressivity in the whole tax scheme.

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Study of the problems involved in the application of the right of refusal to testify (Article 134. º CPP) to criminal charges of domestic violence, namely in situations of violence between spouses. Drawing attention, to some of the contingencies of the exercise of the right of refusal in such proceedings, a matter never before examined under Portuguese law, and also to the need to reconsider, based on the North American experience, the application of the law in these cases.

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Portugal is one of the countries that has a constitutional regime of immunity. This protects certain individuals in political positions from prosecution under the law. These individuals are said to have a privileged status when compared to ordinary citizens. The purpose of this study is to examine the immunities enjoyed by President, the members of Parliament and the government ministers. The regime of immunities can be found to generate a certain sense of injustice and feelings of mistrust since the individual can not, albeit temporarily, be held criminally responsible for criminal conduct. It is urgent, therefore, to find a consistent justification with the principles and values of the Criminal Law. The Parliament is the place of the exercise of democratic power and, therefore, a member of Parliament assumes a central position in parliamentary activity. For this reason, it will be necessary to determine analysis to determine the meaning the prerogative of criminal irresponsibility. One question that must be asked is to know how the dogmatic plan that the immunities of the political organs of sovereignty must be seen.

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The global and increasingly technological society requires the States to adopt security measures that can maintain the balance between the freedom, on the one hand, and the security and the respect for fundamental rights of a democratic state, on the other. A State can only achieve this aim if it has an effective judicial system and in particular a criminal procedure adequate to the new criminogenic realities. In this context, the national legislator has adopted, following other international legal systems, special means of obtaining proof more stringent of rights. Within those special means are included the covert actions, that, being a means to use sparingly, is a key element to fight against violent and highly organized crime. Therefore, the undercover agent, voluntary by nature, develops a set of activities that enables the investigation to use other means of taking evidence and/or probationary diligences itself, with the purpose of providing sufficient proof to the case file. In this milieu, given the high risks involved during the investigation, as well as after its completion, the undercover agent can act upon fictitious identity. This measure can be maintained during the evidentiary phase of the trial. Similarly, given the latent threat that the undercover agent suffers by its inclusion in criminal organizations, as well as the need for his inclusion in future covert actions it is crucial that his participation as a witness in the trial is properly shielded. Thus, when the undercover agent provides, exceptionally, statements in the trial, he shall do so always through videoconference with voice and image distortion. This measure can guarantee the anonymity of the undercover agent and concomitantly, that the adversarial principle and the right of the accused to a fair trial is not prejudiced since, in those circumstances, the diligence will be supervised in its entirety (in the audience and with the undercover agent) by a judge.

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Euthanasia, especially the active one, has always been an extremely discussed subject, which goes further pure dogmatics and transcends the strictly legal field. A reflection about such issue makes us re-think on what it implies for all the involved without ever loosing sight of the fact that admitting a legalization is, in a legal system as ours, to admit the lack of punishment of an homicide act or an assistance to suicide. However, burying in mind the foreign experiences, isn’t there a possibility of working on a path that respects both the basis of our legal system and the rest of the interests involved? And what interests would those be? How to admit such a path? Based on what assumptions? The present study proposes a discovery of paths and not the search for dead ends, creating definitive answers. The purpose of this dissertation is to explore the existing structure of the Portuguese legal system on these matters, in a path that is until now mostly in favour of punishment, based on homicide or assisted suicide crimes. Along with the Portuguese dynamic, we want to analyse legal systems that opted by decriminalization and, based on those experiences, shared with our legal culture, scan the viability of a decriminalization procedure. What paths would be viable for such a decriminalization in Portuguese criminal territory? The scope is only to open the eyes of who always wanted to keep them shut, or to who just never tried to open them, because at the end of the day it will always be a discussion that we want to keep light up, since that what we are here discussing is life. We want discussion, not imposition.