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.

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.