Res Publica: Citizenship and Political Representation in Portugal, 1820-1926

The term res publica (literally “thing of the people”) was coined by the Romans to translate the Greek word politeia, which, as we know, referred to a political community organised in accordance with certain principles, amongst which the notion of the “good life” (as against exclusively private interests) was paramount. This ideal also came to be known as political virtue. To achieve it, it was necessary to combine the best of each “constitutional” type and avoid their worst aspects (tyranny, oligarchy and ochlocracy). Hence, the term acquired from the Greeks a sense of being a “mixed” and “balanced” system. Anyone that was entitled to citizenship could participate in the governance of the “public thing”. This implied the institutionalization of open debate and confrontation between interested parties as a way of achieving the consensus necessary to ensure that man the political animal, who fought with words and reason, prevailed over his “natural” counterpart. These premises lie at the heart of the project which is now being presented under the title of Res Publica: Citizenship and Political Representation in Portugal, 1820-1926. The fact that it is integrated into the centenary commemorations of the establishment of the Republic in Portugal is significant, as it was the idea of revolution – with its promise of rupture and change – that inspired it. However, it has also sought to explore events that could be considered the precursor of democratization in the history of Portugal, namely the vintista, setembrista and patuleia revolutions. It is true that the republican regime was opposed to the monarchic. However, although the thesis that monarchy would inevitably lead to tyranny had held sway for centuries, it had also been long believed that the monarchic system could be as “politically virtuous” as a republic (in the strict sense of the word) provided that power was not concentrated in the hands of a single individual. Moreover, various historical experiments had shown that republics could also degenerate into Caesarism and different kinds of despotism. Thus, when absolutism began to be overturned in continental Europe in the name of the natural rights of man and the new social pact theories, initiating the difficult process of (written) constitutionalization, the monarchic principle began to be qualified as a “monarchy hedged by republican institutions”, a situation in which not even the king was exempt from isonomy. This context justifies the time frame chosen here, as it captures the various changes and continuities that run through it. Having rejected the imperative mandate and the reinstatement of the model of corporative representation (which did not mean that, in new contexts, this might not be revived, or that the second chamber established by the Constitutional Charter of 1826 might not be given another lease of life), a new power base was convened: national sovereignty, a precept that would be shared by the monarchic constitutions of 1822 and 1838, and by the republican one of 1911. This followed the French example (manifested in the monarchic constitution of 1791 and in the Spanish constitution of 1812), as not even republicans entertained a tradition of republicanism based upon popular sovereignty. This enables us to better understand the rejection of direct democracy and universal suffrage, and also the long incapacitation (concerning voting and standing for office) of the vast body of “passive” citizens, justified by “enlightened”, property- and gender-based criteria. Although the republicans had promised in the propaganda phase to alter this situation, they ultimately failed to do so. Indeed, throughout the whole period under analysis, the realisation of the potential of national sovereignty was mediated above all by the individual citizen through his choice of representatives. However, this representation was indirect and took place at national level, in the hope that action would be motivated not by particular local interests but by the common good, as dictated by reason. This was considered the only way for the law to be virtuous, a requirement that was also manifested in the separation and balance of powers. As sovereignty was postulated as single and indivisible, so would be the nation that gave it soul and the State that embodied it. Although these characteristics were common to foreign paradigms of reference, in Portugal, the constitutionalization process also sought to nationalise the idea of Empire. Indeed, this had been the overriding purpose of the 1822 Constitution, and it persisted, even after the loss of Brazil, until decolonization. Then, the dream of a single nation stretching from the Minho to Timor finally came to an end.

O dever de obediência a ordens ilegais na Guarda Nacional Republicana

The Republican National Guard (GNR) is a military structure and hierarchical force where discipline and obedience is a serious matter, but at the same time, the scope of its activity relates to the protection of the rights, freedoms and guarantees of citizens and the primacy of public interest. While security force, GNR ensures democratic law, guarantee the internal security and the rights of citizens. The controversial issue that lies at the heart of this work its related with the balance between the hierarchy and the written law. The hierarchy, also established by law, with given powers, exist to apply the law. However, the rule of law has exceptions. Which institute to prioritize, hierarchy or the law. And within the law, its rules or the exceptions. Who decides? The GNR's officers have to obey the laws and regulations and comply with the accuracy and timeliness determinations, orders and instructions issued by a superior, given in terms of service, as long as does not involve the practice of crime. The GNR´s officer with command tasks exercises power of authority inherent in these functions, and the corresponding disciplinary authority, being responsible for acts by himself or by his order are practiced. Identify situations of exception to law enforcement, the situations in which one must obey illegal orders, is difficult and thankless, it requires conferred authority and raises the weight of responsibility for decisions and orders issued.

US fiscal dynamics in political perspective

Given the importance of fiscal balance for ensuring a sustainable fiscal policy, we conduct an empirical examination of fiscal dynamics in the United States in response to unsustainable budget deviations. We concentrate on the role of political factors, namely the Republican - Democrat presidential divide, in determining the fiscal response to budget disequilibria. Making use of an asymmetric cointegration framework, we explore politically motivated fiscal asymmetries in the US, from Eisenhower to Obama. We conclude that political factors such as the government’s political quadrant and the timing of elections are important determinants of the fiscal response to unsustainable budget deviations.

O serviço fiscal aduaneiro criminal e contraordenacional da GNR

At a time of global economic instability, to which Portugal is not oblivious, and aware that the main source of Portuguese State revenue relies on the collection of tribute, the National Republican Guard holds within its mission relevant assignments to the protection of the financial interests of the country, in particular, fiscal and customs. These assignments were inherited from the century - old institution Guarda Fiscal - with evidence given in this domain, which was integrated into the National Republican Guard in 1993, to adopt, a 1St model, that held a specialized unit – Brigada Fiscal, with surveillance and patrolling missions of costa and fiscal and customs supervision, throughout the national territory and maritime zone of respect. In 2009, the result of political decisions, reorganization the State's central administration, appears de 2Nd model, because the Brigada Fiscal assignments were divided by two specialized units - UAF with investigation skills, and UCC for patrolling and surveillance of the coast. Analyzed the legal spectrum of special legislation leading the criminal and transgression sector punitive (RGIT), in essence, is in the UAF that resides the role assignments from the scope of the investigation and supervision of goods in the national territory on a par with the tax authority. Tax inspection assignments, fiscal and customs of the National Republican Guard, are unmatched in the National Tribute System, constituting itself as a potentiality of this special body, in similarity of their counterparts - Spain and Italy; however, have some constraints, that urge to clarify and repair. Foreseeing the future, face the announced news of a new restructuring, on behalf of the interests of the country, and in order to raise the quality of performance of the tax inspection, fiscal and customs, the National Republican Guard shall maintain a model based on the experience already accumulated, obviously adapted to the new demands of a changing society. Despite the current model gain in efficiency, loses in effectiveness. However, the efficiency of a model, without the necessary resources, can never bring “the letter to Garcia” against any kind of infringements, criminal or transgressions. Unless better opinion, both tax structures of the National Republican Guard are valid as an instrument for the prevention and combat of these illegal types. Because they are strategic in pursuing the public interest, given the scarce resources of the country and be the National Republican Guard, the force with the means and know-how of this nature. The political power has the final word.

Ciríaco de Cardoso e O burro do Sr. Alcaide : percursos de formação de um compositor de comédia musical no Portugal finissecular

O principal objetivo deste estudo foi compreender as etapas do percurso artístico do compositor portuense Ciríaco de Cardoso (1846 – 1900) e os discursos em torno de uma das suas obras mais célebres: O burro do Sr. Alcaide (1891). No primeiro capítulo procurou-se identificar e discutir os critérios que estiveram na base das opções profissionais tomadas por Ciríaco. O decurso da sua carreira leva a crer que possuía uma noção profunda das atividades que, no espaço lusófono, apresentavam maior potencial de aquisição quer de capital económico, quer de capital simbólico. É por isso que, mobilizando recursos das suas redes de sociabilidade, circula por instituições no Porto e em Lisboa mas, também, pelo lucrativo mercado teatral do Rio de Janeiro, assim como em Paris. Concentra-se no popular teatro musical – principal fonte de sustento – em paralelo com a atividade concertística e operática – forma de distinção atendendo à competitividade no mercado musico-teatral. Percebe também que a maximização do seu poder simbólico depende da legitimação alcançada pela sua associação às elites socioculturais locais, pelo que fomenta o estabelecimento de sociabilidades que se estendem inclusive às casas reais portuguesa e brasileira. Paradoxalmente, as edes mais próximas de Ciríaco estavam vinculadas a um idealismo republicano, relacionamento que exponencial proliferação de discursos dessa índole pelos media lusófonos (sobretudo a partir do tricentenário camoniano de 1880) e, por outro, pela aparente inexistência de registos que associem inequivocamente o artista ao ativismo republicano. Não obstante, é provável que Ciríaco de Cardoso tenha explorado o filão antimonárquico na programação da temporada de 1891 do Teatro da Avenida. O segundo capítulo explora a produção de O burro do Sr. Alcaide, através da análise da sua estrutura e das relações da obra com a realidade portuguesa da última década do século XIX. Embora respeite o modelo da opereta francesa, apresenta também características que poderão levar a que seja interpretada como transmissora de uma portugalidade idealizada, em linha com o nacionalismo português do último quartel do século. A ação decorre em Lisboa, cenário de interação entre personagens-tipo e caricaturas de personalidades concretas da elite sociopolítica portuguesa. Através de referências ao sebastianismo, satiriza-se o comportamento dessas elites, assim como as instituições da monarquia constitucional e a prevalência de uma visão messiânica dos governantes por parte da sociedade em geral. Faz-se a apologia da ruralidade através de tópicos musicais e de quadros onde se constrói uma imagem da música tradicional, correspondendo a uma idealização da nação – notada e enfatizada na receção pela crítica. Utiliza também outros tópicos pertencentes à paisagem sonora do público burguês, completando a expressão da urbanidade de um país onde essas duas realidades não eram ainda completamente dissociáveis. Contudo, ao não propor alterações efetivas à hierarquia da sociedade portuguesa finissecular, o desfecho da obra leva a concluir que esta terá consistido numa forma de propaganda o que, por um lado, explica o seu mediatismo e, por outro, vincula os seus autores – mais ou menos conscientes disso – às lutas políticas em curso aquando do ano da sua estreia.

O crime de condução perigosa de veículo rodoviário e a sua perceção pelos militares da GNR afetos a fiscalização rodoviária

The Republican National Guard has a core role concerning the security of Portugal’s roads since a significant part of them are under its responsibility. Dangerous driving is a crime that happens less times that other two crimes (driving without a license and driving under the influence), but it isn’t covered by the media like those two, much to the small number of reports written by the Security Forces. This work aims to approach the particularity of this crime given it poses a real threat and because its report requirements are far demanding. The thesis is divided in two parts. The first one develops the theory frame through the analysis of documents. The second part deals with the processing of fines from selected samples. The conclusion of this study states that there is a way of reducing situations that could result in this type of crime using fines. Other conclusion points to the fact that the time gap between the occurrence of the crime and a judge’s sentence is substantial, meaning that the military from the Republican National Guard often opt for the second option because the sentences and the security measures for this crime can often find parallel in other type of crimes. The about 200 sentences reached per day from courts all over the country when tied to the 700/800 criminal defenses mean that the National Authority for Road Security is overloaded with administrative work, which is a problem that could be surpassed with the implementation of a new document and a different access to the data of each driver through the National Authority for Road Security’s website.