8 resultados para role and powers

em RUN (Repositório da Universidade Nova de Lisboa) - FCT (Faculdade de Cienecias e Technologia), Universidade Nova de Lisboa (UNL), Portugal


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The forest has a crucial ecological role and the continuous forest loss can cause colossal effects on the environment. As Armenia is one of the low forest covered countries in the world, this problem is more critical. Continuous forest disturbances mainly caused by illegal logging started from the early 1990s had a huge damage on the forest ecosystem by decreasing the forest productivity and making more areas vulnerable to erosion. Another aspect of the Armenian forest is the lack of continuous monitoring and absence of accurate estimation of the level of cuts in some years. In order to have insight about the forest and the disturbances in the long period of time we used Landsat TM/ETM + images. Google Earth Engine JavaScript API was used, which is an online tool enabling the access and analysis of a great amount of satellite imagery. To overcome the data availability problem caused by the gap in the Landsat series in 1988- 1998, extensive cloud cover in the study area and the missing scan lines, we used pixel based compositing for the temporal window of leaf on vegetation (June-late September). Subsequently, pixel based linear regression analyses were performed. Vegetation indices derived from the 10 biannual composites for the years 1984-2014 were used for trend analysis. In order to derive the disturbances only in forests, forest cover layer was aggregated and the original composites were masked. It has been found, that around 23% of forests were disturbed during the study period.

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Generally, smart campus applications do not consider the role of the user with his/her position in a university environment, consequently irrelevant information is delivered to the users. This dissertation proposes a location-based access control model, named Smart-RBAC, extending the functionality of Role-based Access Control Model (RBAC) by including user’s location as the contextual attribute, to solve the aforementioned problem. Smart-RBAC model is designed with a focus on content delivery to the user in order to offer a feasible level of flexibility, which was missing in the existing location-based access control models. An instance of the model, derived from Liferay’s RBAC, is implemented by creating a portal application to test and validate the Smart-RBAC model. Additionally, portlet-based applications are developed to assess the suitability of the model in a smart campus environment. The evaluation of the model, based on a popular theoretical framework, demonstrates the model’s capability to achieve some security goals like “Dynamic Separation of Duty” and “Accountability”. We believe that the Smart-RBAC model will improve the existing smart campus applications since it utilizes both, role and location of the user, to deliver content.

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This thesis is about arbitration, a form of alternative dispute resolution, as a solution for the slowness of the Brazilian Judiciary. The paper starts with an approach of the fundamental rights, highlighting their positivation, important to distinguish them from human rights, the four dimensions of the fundamental rights and, lastly, the analysis of their features, emphasizing their characters of complementarity and universality. After, it starts to discourse about the “access to Justice”, an important fundamental right, and, to delimitate the role of the Judiciary and the problems related to solve cases in a reasonable amount of time. Next, it exposes other alternative forms of dispute resolutions that, like the arbitration, can help to the concretization of a faster and more effective Justice. Then, it discusses the historical evolution of the arbitration in Brazil, highlighting the contemporary features of the institute, which were more visible with the ratification of the New York Convention and the promulgation of Law nº 9.307/1996. In addition, it analyses the possible changes that will come with the New Brazilian Procedure Law Code and the PL 7.108/2014, intended to change the current Arbitration Law. It also explains the main arbitration attributes, describing the peculiarities of the arbitral convention, the arbitrator role, and the arbitral award aspects. At least, it lists the main reasons someone should choose arbitration instead the Judiciary, considering the Brazilian Courts reality.

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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.

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This report will describe the activities undertaken during my internship at the Personnel Department (DPE-UPE4.1) in Caixa Geral de Depósitos (CGD), Lisbon, between September 22, 2014, and February 28, 2015. I consider that it is important to note from the outset i) that the subject of my training was suggested by my supervisor in the DPE and accepted by me; and ii) that the internship consisted essentially of carrying out research and information gathering into the different social systems that coexist within the bank and the application of each legal system in solving concrete situations of the CGD employees. The research and analysis of information was important not only for my study but for the CGD itself, as it enables the department to have such an important matter, full of specific characteristics, condensed into a single document, i.e. this report. This is a complex reality. The various welfare systems differ according to the contractual agreement linking the employee to the employer at the date when the labour contract is signed, and also the unique/singular characteristics of the CGD. In the early stage I started by trying to understand the financial institution and its organization and role and the department where I worked. So I analyzed the CGD Statutes and the legal measures that crystallized the scheme for its employees and I also researched its domestic and international operations. The first month was devoted to the research and analysis of such legislation to understand the creation of the CGD and its path to date. In the second and third months I studied the legal social systems that are applied to different groups of CGD workers. This period was quite important to identify and understand the differences between those regimes of CGD employees as well as the procedure inherent in each case. I highlighted the non-implementation of “the social protection regime of convergence” to the workers of this institution; the differences regarding the allocation of sickness subsidies paid to workers who belong to Social Security and CGA contributors, as well as the enforcement of internal rules to all the workers when a work-related accident happens.Then I focused on to assessing and examining external legislation and several internal regulations in order to obtain solutions to questions raised and situations involving by the workers, in order to understand how the DPE solves these situations. Over the last three months of internship, after this more theoretical work, I began the analysis of concrete situations involving employees carrying out their duties in Portugal and abroad. Some of these situations had been received by the department before the beginning of my internship and others over this period. When I was “working” in the DPE I analyzed “cases” that had been solved and some others without a final solution because they were still in courts. As for the last ones (new cases) I was able to follow their assessment and sometimes their outcome. Some of them became study cases for me. Over these five months of my internship, several cases were analyzed and discussed by legal experts of DPE in which I could participate. I always worked hard. I know that this action contributed to elucidate me about the treatment of the issues, and allowed me to have a direct contact with some workers and be part of a dynamic work team. For these reasons, my internship report is not merely descriptive of activities. It consists of an analysis of rules (legislation) and a regulatory framework of activities and it is also a description of several specific situations solved or in a solution process. Through this work I intend to make known the particular reality of a modern Portuguese financial institution not only because of its importance in our country but also such a large number of employees work here (in Portugal and abroad). I should add that throughout my internship I was allowed to attend conferences, within the scope of the bank in order to get a broader view of some issues related to the daily life of the DPE and the CGD. So, I participated in I Jornadas Bancárias and the Conferência Internacional do Contrato a Termo, given that the CGD is a bank and the DPE deals with legal and labour relations.

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This report is the outcome of an internship that took place in Centro de Arbitragem Comercial da Câmara de Comércio e Indústria Portuguesa and its completion is an essential part of the path towards obtaining the Master’s Degree in Faculdade de Direito da Universidade Nova de Lisboa. This report has been structured in two stages – firstly, the presentation of the Centro de Arbitragem Comercial, focusing on its field of expertise, organic structure, principles and advantages. Then, the description of the activities developed within the Secretariat over the several stages of the arbitration procedure – since the reception of the arbitration requirement in institutional proceedings, terms of reference in ad hoc procedures, through the monitoring of the arbitral tribunal sessions (preliminary hearings, submission of evidence and final allegations) and the notification of the arbitration award. The second stage of this report is related to the description of the functions and powers of the President of Centro de Arbitragem Comercial. Firstly, it defines those powers by analyzing the statutes and rules of proceedings of the Centro de Arbitragem, drawing comparisons between the above mention and the rules of proceedings of others arbitral institutional centres, some of them are international references. The report assesses and describes the presidential powers, such as: configuration and composition of the arbitral tribunal (including arbitrator’s replacements, excuses and refusals); deadline extensions; determination of procedural rules and decision-making on any procedural incidents which arise before the constitution of the arbitral tribunal; definition of arbitration costs and fees; joinder of parties and consolidation of proceedings admission; and appointment of an emergency arbitrator. Lastly, this report analyzes some decisions delivered by the President in the respective institutional procedures which took place in the Centre.

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RESUMO - Em 1994/1995 o modelo legal de organização de serviços de Medicina do Trabalho instituído na década de 1960 foi substituído por uma nova superestrutura de serviços de Segurança, Higiene e Saúde dos Trabalhadores (SHST) nos locais de trabalho. O presente estudo pretende descrever e analisar em que medida o novo enquadramento jurídico de SHST, iniciado em 1994/1995 e correspondente genericamente à fase da Nova Saúde Ocupacional, foi acompanhado de alterações: (1) na percepção do grau de satisfação dos médicos do trabalho quanto ao seu papel e estatuto profissionais e (2) nas repercussões na sua prática profissional. O presente estudo (empírico, descritivo e comparativo) abrangeu um grupo de médicos do trabalho diplomados pela Escola Nacional de Saúde Pública (n = 153), de quem se recolheu, através de um questionário aplicado em 1993 e 2000, a opinião sobre as mudanças organizacionais da SHST. O papel e funções dos médicos do trabalho e as garantias de exercício profissional não se alteraram de forma importante, tendo a prática profissional da medicina do trabalho na modalidade «medicina do trabalho de empresa» (serviços internos e externos) diminuído, apesar de continuar a ser a forma de exercício predominante dos médicos do trabalho. O tempo dedicado à sua actividade situou-se num valor médio próximo das 20 horas semanais, sem alterações importantes entre 1993 e 2000. Concluiu-se que, no essencial, a publicação da nova legislação sobre organização de cuidados de MT/SHST/SO em 1994 e 1995 não reforçou significativamente as condições gerais de exercício da medicina do trabalho.

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The main objective of this pedagogical case study is to analyse the market entry dynamics of pharmaceutical innovative drugs in Portugal, and the role and impact of the different stakeholders in this process. The case focuses on the market entry of Vyndaqel (Tafamidis) Pfizer’s orphan innovative product to treat TTR-FAP, “paramiloidose”, a highly incapacitating rare disease that has more than 2.000 diagnosed patients in Portugal, one of the highest prevalence worldwide and an incidence of 100 new patients every year. In terms of methodology it were used two main sources of information. Regarding secondary data sources it was made an exhaustive search using the main specialty search engines regarding the Tafamidis case, market access, orphan drugs and market entry context in Portugal and Europe. In terms of primary data it were conducted 7 direct interviews with the main case stakeholders. The pedagogical case study focuses on 5 main questions that provide the base of the discussion for the classes. First it is analysed the rationale behind the introduction of Tafamidis in Portugal, and its relevance for Pfizer, namely due to the previous investment made with the acquisition of FoldRX by $400M, the company that developed the product in the first place. It is also analysed the point of view of the NHS, and the reasoning behind drug reimbursement that considered not only the technical (efficacy and safety) and financial benefits of the drug, but also the social impact, due to the major role played by patient associations’ actions and coverage provided by the media that impacted the reimbursement decision. Finally it is analysed the vertical financing methodology that was selected by the Ministry of Health for drug acquisition by 2 public hospitals, that served as reference centres for the treatment of this disease