Optimização do processo de devolução de medicamentos fora do prazo de validade

RESUMO - Durante todo o seu ciclo de vida, o medicamento está sujeito a padrões de qualidade, segurança e eficácia, alicerçados numa atuação conjunta dos responsáveis pela sua colocação no mercado, das autoridades competentes nacionais e comunitárias. Os diferentes intervenientes estão sujeitos a um conjunto de obrigações e procedimentos que englobam também a sua fase final de retirada do mercado, devolução, recolha e valorização ou reciclagem. Neste trabalho é caracterizada a cadeia de distribuição do medicamento assim como o seu fluxo físico no sentido inverso, ou seja, o processo de devolução e de tratamento ambientalmente adequado para os resíduos de medicamentos. A maioria da literatura a respeito das devoluções de medicamentos enfatiza a vertente ecológica do sistema de logística inversa. Neste trabalho, as questões ambientais são discutidas , mas o objectivo primário focaliza questões económicas relacionadas com o processo de devoluções. São apresentadas as possíveis vantagens teóricas da criação de um sistema centralizado de gestão de devoluções, por oposição ao atual sistema de circuitos dispersos. Com a aplicação de um inquérito a armazenistas com larga responsabilidade no processo de devoluções, pretendeu-se avaliar os custos inerentes ao atual modelo. Os resultados obtidos indicam que existe margem potencial para reduzir custos neste processo, para a grande maioria dos armazenistas. Na área específica dos medicamentos fora de prazo de validade, o crescente desenvolvimento e aperfeiçoamento dos processos de devolução poderá direcionar-se no sentido da criação de centrais de devolução centralizadas.

A responsabilidade da sociedade diretora com os credores da sociedade subordinada

The scope of the present study encompasses the liability of the directing company for the obligations of the subordinated company. Whereas the concept of directing company is comprised in the broader context of groups of companies and, consequently, in the comprehensive framework of the relationships established among such entities, this study starts by defining the notion of groups of companies, distinguishing it from related figures. It, then, moves on to analyse the legal regime applicable to groups of companies in some legal systems deemed significant, notably the American, European and German systems. Finally, this paper scrutinizes the provisions of article 501 of the Portuguese Companies Code (“Códigodas Sociedades Comerciais”), in particular its systematics and peculiarities, so as to ascertain which is the liability scheme 2 applicable to the directing or dominant company for the obligations of the subordinates or dominated company. Pursuant to no. 1 of article 501of the CSC, the directing company’s liability for such obligations exists provided these commitments are born before, during and until such time the subordination contract is terminated. The liability of the directing or dominant company for the debts of the subordinated or dominated company ceases as of the moment when the relationship between those two entities no longer exists, with immediate effect.

Da responsabilidade civil por abandono afetivo

This study, in the Family Law area, aims to examine the civil liability for emotional distance from a multidisciplinary perspective. The work and reflection made thereunder tend to corroborate the cognizance that self-representation, sociability and the ability of future adults to define their life’s projects, depend, to a large extent, on the emotional stability and maturity that has been assured to them, as children, by the material and emotional care that has been provided to them by both parents. It is therefore crucial to tend to the feelings of loss and to the potential lack of self-esteem that the affective rupture with either parents may cause. Thus, we promote an analysis of the sustainability, under Portuguese law, of the imposition of compensatory measures, independent from other injunctions foreseen in civil and guardianship law, upon the dissolution of family ties in result of a guilty injury of parental obligations, which have caused serious and evident injuries to the children.

Contrato de abertura de crédito bancário

La recherche que nous avons mené à bien avait pour but, dans un premier temps de comprendre la notion de contrat, ses caractéristiques, fonctions et les garanties qui en peuvent être fournies. Nous invoquerons le contenu du contrat, c'est à dire, les effets de celui-ci en essayant de montrer les droits et obligations auxquels les parties seront liées. Bien qu'étant un contrat assez requérant dans la pratique bancaire, celui-ci n'a pas encore attiré l'attention du législateur de façon à établir un régime qui pourrait lui être appliqué au lieu de s'appuyer sur d'autres contrats lui étant similaires. Nous proposons l'analyse de la cessation du contrat, en se concentrant sur les moyens de la dissolution, survenue suite à la conclusion de l'accord comme la plainte, l'abrogation, l'expiration et la résolution du contrat, en laissant de côté la dissolution du contrat pour des raisons survenues avant la conclusion du contrat, comme la nullité et l'annulation.

O crédito bancário

The aim of the present dissertation is the analysis of the regime established by Decree-Law No. 227/2012 of 25 October. Reflecting on the referred regime, as a measure to prevent and manage situations of failure to meet the obligations assumed by consumers, the study focuses on the plan of action for debt risk and the extrajudicial procedure to regularize situations of default. The main point is to analyze the purpose and the scope of the regime, and to discuss some key-concepts relevant to its application. In addition, another two figures presented in the regime of Decree-Law No. 227/2012 are considered, namely: the Credit Mediator and the Extrajudicial Network for Bank Clients Support, making reference to their role and the scope of their intervention. Finally, along the work on the present Decree-Law, the some international practices are also analyzed, making reference to the problem of financial illiteracy, and mentioning three foreign examples regarding the adopted solutions to the problem of different legal systems, with reference to consumers’ over-indebtedness.

Aplicação das medidas de coacção às pessoas colectivas

1. Legal system of coercive measures and applicability to legal persons: the criminal liability of legal persons, application requirements, fundamental principles; 2. Inapplicability of personal freedom coercive measures to legal persons; 3. Application in the specific case of legal persons: term of identity and residence; provision of security, the obligation of periodic presentation, suspension of exercise of functions, activities and rights, conducts prohibitions and obligations; 4. Break of coercive measure imposed on the legal person.

O âmbito de aplicação material da legislação de proteção de dados pessoais e o tratamento de imagem por pessoa singular

Images have gained a never before seen importance. Technological changes have given the Information Society extraordinary means to capture, treat and transmit images, wheter your own or those of others, with or without a commercial purpose, with no boundaries of time or country, without “any kind of eraser”. From the several different ways natural persons may engage in image processing with no commercial purpose, the cases of sharing pictures through social networks and video surveillance assume particular relevance. Consequently there are growing legitimate concerns with the protection of one's image, since its processing may sometimes generate situations of privacy invasion or put at risk other fundamental rights. With this in mind, the present thesis arises from the question: what are the existent legal instruments in Portuguese Law that enable citizens to protect themselves from the abusive usage of their own pictures, whether because that image have been captured by a smartphone or some video surveillance camera, whether because it was massively shared through a blog or some social network? There is no question the one's right to not having his or her image used in an abusive way is protected by the Portuguese constitution, through the article 26th CRP, as well as personally right, under the article 79th of the Civil Code, and finally through criminal law, articles 192nd and 193rd of the Criminal Code. The question arises in the personal data protection context, considering that one's picture, given certain conditions, is personal data. Both the Directive 95/46/CE dated from 1995 as well as the LPD from 1998 are applicable to the processing of personal data, but both exclude situations of natural persons doing so in the pursuit of activities strictly personal or family-related. These laws demand complex procedures to natural persons, such as the preemptive formal authorisation request to the Data Protection National Commission. Failing to do so a natural person may result in the application of fines as high as €2.500,00 or even criminal charges. Consequently, the present thesis aims to study if the image processing with no commercial purposes by a natural person in the context of social networks or through video surveillance belongs to the domain of the existent personal data protection law. To that effect, it was made general considerations regarding the concept of video surveillance, what is its regimen, in a way that it may be distinguishable from Steve Mann's definition of sousveillance, and what are the associated obligations in order to better understand the concept's essence. The application of the existent laws on personal data protection to images processing by natural persons has been analysed taking into account the Directive 95/46/CE, the LPD and the General Regulation. From this analysis it is concluded that the regimen from 1995 to 1998 is out of touch with reality creating an absence of legal shielding in the personal data protection law, a flaw that doesn't exist because compensated by the right to image as a right to personality, that anyway reveals the inability of the Portuguese legislator to face the new technological challenges. It is urgent to legislate. A contrary interpretation will evidence the unconstitutionality of several rules on the LPD due to the obligations natural persons are bound to that violate the right to the freedom of speech and information, which would be inadequate and disproportionate. Considering the recently approved General Regulation and in the case it becomes the final version, the use for natural person of video surveillance of private spaces, Google Glass (in public and private places) and other similar gadgets used to recreational purposes, as well as social networks are subject to its regulation only if the images are shared without limits or existing commercial purposes. Video surveillance of public spaces in all situations is subject to General Regulation provisions.

Electrokinetic treatment of environmental matrices. Contaminants removal and phosphorus recovery

There is a need to develop viable techniques for removal and recovery organic and inorganic compounds from environmental matrices, due to their ecotoxicity, regulatory obligations or potential supplies as secondary materials. In this dissertation, electro –removal and –recovery techniques were applied to five different contaminated environmental matrices aiming phosphorus (P) recovery and/or contaminants removal. In a first phase, the electrokinetic process (EK) was carried out in soils for (i) metalloids and (ii) organic contaminants (OCs) removal. In the case of As and Sb mine contaminated soil, the EK process was additionally coupled with phytotechnologies. In a second phase, the electrodialytic process (ED) was applied to wastes aiming P recovery and simultaneous removal of (iii) toxins from membrane concentrate, (iv) heavy metals from sewage sludge ash (SSA), and (v) OCs from sewage sludge (SS). EK enhanced phytoremediation showed to be viable for the remediation of soils contaminated with metalloids, as although remediation was low, it combines advantages of both technologies while allowing site management. EK also proved to be an effective remediation technology for the removal and degradation of emerging OCs from two types of soil. Aiming P recovery and contaminants removal, different ED cell set-ups were tested. For the membrane concentrates, the best P recovery was achieved in a three compartment (3c) cell, but the highest toxin removal was obtained in a two compartment (2c) cell, placing the matrix in the cathode end. In the case of SSA the best approach for simultaneous P recovery and heavy metals removal was to use a 2c-cell placing the matrix in the anode end. However, for simultaneous P recovery and OCs removal, SS should be placed in the cathode end, in a 2c-cell. Overall, the data support that the selection of the cell design should be done case-by-case.

Kixikila - um contrato de financiamento informal

The purpose of the present work is to analyse and provide kixikila legal framework under Angolan law. Kixikila, despite being a legally atypical agreement, is a socially typical contract, governed essentially by the practices and customs in Angola and concluded throughout the country. With the above purpose in mind, this thesis is structured in five chapters: the first one aims at better understanding its features and, therefore, it describes the kixikila in accordance with oral research, direct observation and the contributions of scholars that have examined this matter. The second chapter aims at qualifying the kixikila as a legal transaction. For this purpose, we have analysed its requirements, formation stages, content and form, characteristics, rights and obligations of the parties, effects and compliance. We have also covered the reasons that explain why this type of agreement shall be legally protected in line with the protection conferred upon other legal agreements, taking into account its economic and social function. The third chapter covers the vicissitudes which may occur during the term of the kixikila agreement, as well as the enforcement mechanisms in face of breach and its termination. The fourth chapter aims at qualifying this agreement by comparing its most relevant characteristics with those of typical agreements, with a view to determining its legal nature based upon the similarity with other contractual types. This chapter further makes a comparative synthesis between the contracts in analysis. The fifth chapter analyses the legal nature and legal framework applicable to kixikila taking into account mixed-purpose contracts and sui generis contracts. We conclude that practices and customs in Angola take precedence as regards kixikila. Lastly, we attach additional information, such as excerpts of interviews with some individuals intervening in kixikila, the functional structure of kixikila and examples of kixikila, as well as demonstrative lists of countries where this type of agreement takes place and the obligations arising therefrom.

On project finance and the first road concession in Portugal

In broad sense, Project Financing1 as a mean of financing large scale infrastructural projects worldwide has had a steady growth in popularity for the last 20 years. This growth has been relatively unscathed from most economic cycles. However in the wake of the 2007 systemic Financial Crisis, Project Financing was also in trouble. The liquidity freeze and credit crunch that ensued affected all parties involved. Traditional Lenders, of this type of financial instrument, locked-in long-term contractual obligations, were severely hit with scarcity of funding compounded by rapidly increasing cost of funding. All the while, Banks were “rescued” by the concerted actions of Central Banks and other Multi-Lateral Agencies around the world but at the same time “stressed” by upcoming regulatory effort (Basel Committee). This impact resulted in specific changes to this type of long-term financing. Changes such as Commercial Banks’ increased risk aversion; pricing increase and maturities decrease of credit facilities; enforcement of Market Disruption Event clauses; partial responsibility for project risk by Multilateral Agencies; and adoption of utility-like availability payments in other industrial sectors such as transportation and even social infrastructure. To the extent possible, this report is then divided in three parts. First, it begins with a more instructional part, touching academic literature (theory) and giving the Banks perspective (practice), but mostly as an overview of Project Finance for awareness’ sake. The renowned Harvard Business School professor – Benjamin Esty, states2 that Project Finance is a “relatively unexplored territory for both empirical and theoretical research” which means that academic research efforts are lagging the practice of Project Finance. Second, the report presents a practical case regarding the first Road Concession in Portugal in 1998 ending with the lessons learned 10 years after Financial Close. Lastly, the report concludes with the analysis of the current trends and changes to the industry post Financial Crisis of the late 2000’s. To achieve this I’ll reference relevant papers, books on the subject, online articles and my own experience in the Project Finance Department at a major Portuguese Investment Bank. Regarding the latter, with the signing of a confidentiality agreement, I’m duly omitting sensitive and proprietary bank information.

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.