A internet e o sistema de justiça

The subject of study of this Thesis aims to highlight and recognize as an object of reflection the undoubted relationship between the Internet and the Justice System, based on the issue of digital evidence. The simultaneously crossing of the juridical-legal implications and the more technical computer issues is the actual trigger for the discussion of the issues established. The Convention on Cybercrime of the Council of Europe of 23rd November 2001 and the Council Framework Decision n.° 2005/222/JHA of 24th February 2005 were avant-garde in terms of the international work about the crimes in the digital environment. In addition they enabled the harmonization of national legislations on the matter and, consequently, a greater flexibility in international judicial cooperation. Portugal, in compliance with these international studies, ratified, implemented and approved Law n. º 109/2009 of 15th September concerning the Cybercrime Act, establishing a more specific investigation and collection of evidence in electronic support when it comes to combating this type of crime, as it reinforced the Substantive Criminal Law and Procedural Nature. Nevertheless, the constant debates about the New Technologies of Information and Communication have not neglected the positive role of these tools for the user. However, they express a particular concern for their counterproductive effects; a special caution prevails on the part of the judge in assessing the digital evidence, especially circumstantial evidence, due to the its fragility. Indisputably, the practice of crimes through the computer universe, given its inexorable technical complexity, entails many difficulties for the forensic investigation, since the proofs hold temporary, changeable, volatile, and dispersed features. In this pillar, after the consummation of iter criminis, the Fundamental Rights of the suspects may be debated in the course of the investigation and the construction of iter probatorium. The intent of this Thesis is to contribute in a reflective way on the issues presented in order to achieve a bigger technical and legal awareness regarding the collection of digital proof, looking for a much lighter approach to its suitability in terms of evidentiary value.

Uma cultura de segurança comum na UE através de um programa de formação europeu para as polícias

This master dissertation is to bring a contribution to the reflection on the need to strengthen cross-border cooperation, among the various entities applying the law with a view to building a European security culture through police training. On this basis, it proposes a reflection on the new security paradigm, focused on the demanding and informed security needs by the citizen due to an increasingly transnational crime throughout the different States. This development, coupled with globalization itself, led to the definition of strategies to gear the work of the police in preventing and combating new criminal phenomena such as the European Internal Security Strategy. However, without a true safety culture, which fosters trust among the various actors and ensures a coordinated and uniform action of the police, it will not be easy to achieve the desired effectiveness in protecting the fundamental rights that underpin European integration. Against this background, attempts to explain that the implementation of a common European training program for the police (LETS) is the way forward, with a view to a more effective security in the Union, based on values that embody a genuine European security culture, coveted by all, based on an idea of governance held at different levels of intervention, European, regional and national levels.

As forças de tipo gendarmerie e as operações/missões de gestão de crises da União Europeia

The European Union has taken in recent years an increasingly important role in ensuring peace and stability in the international community, and the security and defence policy of the Union has become synonymous with crisis management. The Union has addressed the issue of crisis management through two sources: the military side and the civilian side, which consists in carrying out numerous crisis management operations and missions. This study discusses the role of the European Union in conducting crisis management operations and missions and how the gendarmerie forces contribute to the success of the same. It will discuss the evolution of the European Union's security policy and the concept of crisis management, and seek to demonstrate the added value of the commitment of gendarmerie forces in operations and missions of crisis management, particularly with regard to employment of the European Gendarmerie Force. On the other hand, it will study the planning process for crisis management of the European Union, featuring the entities and agencies involved in it, and presenting the products that result from this same process. The use of Gendarmerie forces in crisis management operations and missions has significant advantages. Its use is recommended to post - conflict scenarios, in complementarity with the armed forces, in order to overcome the "security gap" that mediates the transition from the state of conflict for the period of peace and reconstruction. Gendarmerie forces can also be engaged both in military crisis management operations and civilian crisis management missions.

Relatório de estágio na AXA Portugal

The present report has the goal of enunciating and exposing some of the main judicial subjects that were developed during the period of internship, coming forth in the form of answers to questions properly reformulated as not to injure the confidentiality of data available while in the process of making said report, they deal with different branches of the law, although with a special focus on the field of Insurance Law. It being an academic piece, it was of the utmost importance to focus more sharply on a specific theme, in casu, medical-civil responsibility, causing the interest in this matter due to the curricular internship and a case law research on the subject. The last chapter of this paper focuses mainly on the problematic of seizure by insurance intermediary’s commissions, credits from occupational accidents and illnesses and Retirement and Education Savings Plans (PPR/Es), this being one problematic with which I dealt directly in the early stages of the internship.

Processo especial de revitalização

The following report aims to present the internship developed under the Master in Legal Sciences Business in the Legal Affairs management of Caixa Geral de Depósitos S.A. Activities were developed in the field of Banking Law, focusing on the Special Revitalization Process. The aim of these activities was to promote the construction of a study that, apart from its doctrinal and jurisprudential research, also excels in the practical adequacy of the regime lectured. The revitalizing effectiveness of the Special Revitalization Process is erected in the Article 17-E, nº 1, which establishes a series of procedural – stand still effects - which aim to allow the debtor "breathing space", ie, a period during which creditors are prevented from setting up "actions for debt collection" against him, suspending the pending actions with identical purposes. Therefore, this report essentially studies these effects, considering "actions in debt collection" executive actions that are intended to recover a debt of any kind, including anticipatory precautionary procedures of an action of this nature. In addition, it is necessary to set boundaries temporally and subjectively to the standstill period, understanding that this period should be extended beyond the legally established period, in order to preserve the ratio of the process, concretely, until the recovery plan effects. In turn, we understand that the standstill effects only apply to the established material in connection with the debtor, remaining the rights of creditors unaffected over the ones of the guarantors and debtors.

Surrogacy in Portugal

Surrogacy is the arrangement made by at least three people, in order for a surrogate or gestational mother to carry a pregnancy for the two intended parents, with the objective of the former party relinquishing all rights to the child, once the child is born. As it has only been in recent years that that same reproductive method has begun to be commonly accepted due to certain modern scientific developments that thus diminished ethical and moral negative stances, there is still an unsettling legal void (both at a national and international level) in regards to such subsidiary form of reproduction. As such, some countries have not only left their citizens with no choice but to travel abroad in order to enter a surrogacy arrangement (leading to private international law issues on establishing parenthood and nationality of the born child) or to resort to surrogacy within black market conditions. Unfortunately, one of those countries is Portugal as it has been considered, both by its political parties and experts in the area, and by its citizens as not dealing adequately with such theme and thus being poorly equipped to deal with surrogacy, at both a legal and social level. The present paper attempts to analyse Portugal’s current legal perspective by looking at the present efforts being made to contradict the current situation, and thus outline altruistic gestational surrogacy’s tangible future within such nation. In order to also become aware of possible improvements specifically regarding to the full protection of human rights and human dignity as a whole, the United Kingdom’s legal standpoint in relation to surrogacy was also studied. Via direct comparison of both social and legal perspectives, a new approach to altruistic surrogacy is thus proposed with view to suggest a harmonious solution for countries that have at least recognized that the present issue deserves to be duly noticed and that altruistic gestational surrogacy may exist in order to grant protection of human dignity and not to place it in check.