Does the existing Corporate Governance structure and strict Legal Framework, affect the strategic decisionmaking of CEOs?

This thesis is a case study on Corporate Governance and Business Ethics, using the Portuguese Corporate Law as a general setting. The thesis was conducted in Portugal with illustrations on past cases under the Business Judgment Rule of the State of Delaware, U.SA along with illustrations on current cases in Portugal under the Portuguese Judicial setting, along with a comparative analysis between both. A debate is being considered among scholars and executives; a debate on best practices within corporate governance and corporate law, associated with recent discoveries of unlawful investments that lead to the bankruptcy of leading institutions and an aggravation of the crisis in Portugal. The study aimed at learning possible reasons and causes for the current situation of the country’s corporations along with attempts to discover the best way to move forward. From the interviews and analysis conducted, this paper concluded that the corporate governance structure and legal frameworks in Portugal were not the sole influencers behind the actions and decisions of Corporate Executives, nor were they the main triggers for the recent corporate mishaps. But it is rather a combination of different factors that played a significant role, such as cultural and ethical aspects, individual personalities, and others all of which created gray areas beyond the legal structure, which in turn accelerated and aggravated the corporate governance crisis in the country.

A first analysis of the atmospheric measurements from TANSO/GOSAT

Dissertação apresentada na Faculdade de Ciências e Tecnologia da Universidade Nova de Lisboa para obtenção do grau em Mestre em Engenharia Física

Traços da medicina na azulejaria de Lisboa

RESUMO: A presente abordagem procura estabelecer uma relação entre a Medicina e a Azulejaria. Um conjunto de composições produzidas entre o século XVII e a década de 90 do século XX, localizado na área de Lisboa e seus arredores, organiza-se em torno de oito vectores que ilustram a presença de alusões à Medicina na Azulejaria da referida área. São estes, aspectos relacionados com a higiene, marcos da história da assistência, ciclos temáticos relacionados com os quatro elementos primordiais e com os cinco sentidos, representações ligadas à ideia de morte, episódios bíblicos, referências hagiográficas e elementos ligados à acção médica, como objectos, patologias, instituições ou acontecimentos, associados à Medicina, que atestam esta relação entre Arte e Ciência, de forma geral, e entre a Azulejaria e a Medicina, de forma particular. À análise destes vectores, antecede uma resenha histórica relativa à ligação entre Arte e Ciência e um apontamento histórico acerca da história da Azulejaria. Pretende-se demonstrar esta conexão interdisciplinar e reforçar a importância da vertente humanista da Medicina, na sua história, na sua aprendizagem e na sua prática.-------------------------------------ABSTRACT: The present approach aims at establishing a relation between Medicine and Tile Art. A group of compositions produced between the 17th century and the 1990s, located in the Lisbon area and its surroundings, is organized around eight vectors that illustrate the presence of allusions to Medicine in the Tile Art in the mentioned areas. These are related with hygiene aspects, landmarks in the history of assistance, thematic cycles related with the four main elements and with the five senses, representations connected to the idea of death, biblical episodes, hagiographic references and elements connected to the medical intervention, such as objects, pathologies, institutions or events related to Medicine that testify this relation between Art and Science in a broad context, and between Tile Art and Medicine in a strict sense. Prior to the analysis of these vectors there is a historic contextualization concerning the relationship between Art and Science and a historical note about the history of Tile Art. The aim is to demonstrate the interdisciplinary relation and reinforce the importance of the humanistic side of Medicine, in its history, its learning and its practice.------------------------------------RÉSUMÉ: Cet étude vise établir une relation entre la Médecine et l’Art de l’ « Azulejaria ». Un ensemble de compositions produites entre le XVII ème siècle et le dernier quart du XX ème siècle, dans la région de Lisbonne, s’organise autour de huit axes qui illustrent des références à la médecine. Nous avons récupéré des motifs allusifs à l’hygiène, à l’histoire de l’assistance, aux cycles thématiques des quatre éléments primordiaux et des cinq sens, à la mort, aux épisodes bibliques ou hagiographiques mais aussi aux motifs qui reproduisent des objets, des pathologies, des institutions ou des évènements médicaux. Tous ces exemples mettent à jour la relation entre l’Art et la Science, en général, et entre l’ « Azulejaria» et la Médecine, en particulier. Avant d’analyser ces huit axes, nous établirons un parcours historique pour expliquer la relation entre Art et Science, ainsi qu’une brève histoire de l’ «azulejaria». Nous prétendons démontrer cette relation interdisciplinaire et renforcer l’importance de la vertu humaniste des Sciences Médicales dans son histoire, son apprentissage et sa pratique.

Talk on water ecological economics and participatory watershed governance

Dissertação apresentada para obtenção do Grau de Doutor em Ambiente pela Universidade Nova de Lisboa, Faculdade de Ciências e Tecnologia

Robustness of timber structures in seismic areas

Some of the properties sought in seismic design of buildings are also considered fundamental to guarantee structural robustness. Moreover, some key concepts are common to both seismic and robustness design. In fact, both analyses consider events with a very small probability of occurrence, and consequently, a significant level of damage is admissible. As very rare events,in both cases, the actions are extremely hard to quantify. The acceptance of limited damage requires a system based analysis of structures, rather than an element by element methodology, as employed for other load cases. As for robustness analysis, in seismic design the main objective is to guarantee that the structure survives an earthquake, without extensive damage. In the case of seismic design, this is achieved by guaranteeing the dissipation of energy through plastic hinges distributed in the structure. For this to be possible, some key properties must be assured, in particular ductility and redundancy. The same properties could be fundamental in robustness design, as a structure can only sustain significant damage if capable of distributing stresses to parts of the structure unaffected by the triggering event. Timber is often used for primary load‐bearing elements in single storey long‐span structures for public buildings and arenas, where severe consequences can be expected if one or more of the primary load bearing elements fail. The structural system used for these structures consists of main frames, secondary elements and bracing elements. The main frame, composed by columns and beams, can be seen as key elements in the system and should be designed with high safety against failure and under strict quality control. The main frames may sometimes be designed with moment resisting joints between columns and beams. Scenarios, where one or more of these key elements, fail should be considered at least for high consequence buildings. Two alternative strategies may be applied: isolation of collapsing sections and, provision of alternate load paths [1]. The first one is relatively straightforward to provide by deliberately designing the secondary structural system less strong and stiff. Alternatively, the secondary structural system and the bracing system can be design so that loss of capacity in the main frame does not lead to the collapse. A case study has been selected aiming to assess the consequences of these two different strategies, in particular, under seismic loads.

Defining health law or the edgewood syndrome

ABSTRACT - The authors’ main purpose is to present ideas on defining Health Law by highlighting the particularities of the field of Health Law as well as of the teaching of this legal branch, hoping to contribute to the maturity and academic recognition of Health Law, not only as a very rich legal field but also as a powerful social instrument in the fulfillment of fundamental human rights. The authors defend that Health Law has several characteristics that distinguish it from traditional branches of law such as its complexity and multidisciplinary nature. The study of Health Law normally covers issues such as access to care, health systems organization, patients’ rights, health professionals’ rights and duties, strict liability, healthcare contracts between institutions and professionals, medical data protection and confidentiality, informed consent and professional secrecy, crossing different legal fields including administrative, antitrust, constitutional, contract, corporate, criminal, environmental, food and drug, intellectual property, insurance, international and supranational, labor/employment, property, taxation, and tort law. This is one of the reasons why teaching Health Law presents a challenge to the teacher, which will have to find the programs, content and methods appropriate to the profile of recipients which are normally non jurists and the needs of a multidisciplinary curricula. By describing academic definitions of Health Law as analogous to Edgewood, a fiction house which has a different architectural style in each of its walls, the authors try to describe which elements should compose a more comprehensive definition. In this article Biolaw, Bioethics and Human Rights are defined as complements to a definition of Health Law: Biolaw because it is the legal field that treats the social consequences that arise from technological advances in health and life sciences; Bioethics which evolutions normally influence the shape of the legal framework of Health; and, finally Human Rights theory and declarations are outlined as having always been historically linked to medicine and health, being the umbrella that must cover all the issues raised in the area of Health Law. To complete this brief incursion on the definition on Health Law the authors end by giving note of the complex relations between this field of Law and Public Health. Dealing more specifically on laws adopted by governments to provide important health services and regulate industries and individual conduct that affect the health of the populations, this aspect of Health Law requires special attention to avoid an imbalance between public powers and individual freedoms. The authors conclude that public trust in any health system is essentially sustained by developing health structures which are consistent with essential fundamental rights, such as the universal right to access health care, and that the study of Health Law can contribute with important insights into both health structures and fundamental rights in order to foster a health system that respects the Rule of Law.-------------------------- RESUMO – O objectivo principal dos autores é apresentar ideias sobre a definição de Direito da Saúde, destacando as particularidades desta área do direito, bem como do ensino deste ramo jurídico, na esperança de contribuir para a maturidade e para o reconhecimento académico do mesmo, não só como um campo juridicamente muito rico, mas, também, como um poderoso instrumento social no cumprimento dos direitos humanos fundamentais. Os autores defendem que o Direito da Saúde tem diversas características que o distinguem dos ramos tradicionais do direito, como a sua complexidade e natureza multidisciplinar. O estudo do Direito da Saúde abrangendo normalmente questões como o acesso aos cuidados, a organização dos sistemas de saúde, os direitos e deveres dos doentes e dos profissionais de saúde, a responsabilidade civil, os contratos entre instituições de saúde e profissionais, a protecção e a confidencialidade de dados clínicos, o consentimento informado e o sigilo profissional, implica uma abordagem transversal de diferentes áreas legais, incluindo os Direitos contratual, administrativo, antitrust, constitucional, empresarial, penal, ambiental, alimentar, farmacêutico, da propriedade intelectual, dos seguros, internacional e supranacional, trabalho, fiscal e penal. Esta é uma das razões pelas quais o ensino do Direito da Saúde representa um desafio para o professor, que terá de encontrar os programas, conteúdos e métodos adequados ao perfil dos destinatários, que são normalmente não juristas e às necessidades de um currículo multidisciplinar. Ao descrever as várias definições académicas de Direito da Saúde como análogas a Edgewood, uma casa de ficção que apresenta um estilo arquitectónico diferente em cada uma de suas paredes, os autores tentam encontrar os elementos que deveriam compor uma definição mais abrangente. No artigo, Biodireito, Bioética e Direitos Humanos são descritos como complementos de uma definição de Direito da Saúde: o Biodireito, dado que é o campo jurídico que trata as consequências sociais que surgem dos avanços tecnológicos na área da saúde e das ciências da vida; a Bioética cujas evoluções influenciam normalmente o quadro jurídico da Saúde; e, por fim, a teoria dos Direitos Humanos e as suas declarações as quais têm estado sempre historicamente ligadas à medicina e à saúde, devendo funcionar como pano de fundo de todas as questões levantadas na área do Direito da Saúde. Para finalizar a sua breve incursão sobre a definição de Direito da Saúde, os autores dão ainda nota das complexas relações entre este último e a Saúde Pública, onde se tratam mais especificamente as leis aprovadas pelos governos para regular os serviços de saúde, as indústrias e as condutas individuais que afectam a saúde das populações, aspecto do Direito da Saúde que requer uma atenção especial para evitar um desequilíbrio entre os poderes públicos e as liberdades individuais. Os autores concluem afirmando que a confiança do público em qualquer sistema de saúde é, essencialmente, sustentada pelo desenvolvimento de estruturas de saúde que sejam consistentes com o direito constitucional da saúde, tais como o direito universal ao acesso a cuidados de saúde, e que o estudo do Direito da Saúde pode contribuir com elementos

O conto - Subversão e hibridismo na estrutura tradicional

The questioning of fictional identities is central in both texts. Their structure illustrates the Bakhtinian notions of heteroglossia and dialogism and one of their main themes is the structuring and restructuring of social and personal history. Together with the use of irony and humour, the parody of social context, the use of intertextuality and metafiction, the exploration of fragment and of discontinuity, the development of self reflection and the interrogation of the author before the condition of his work, the focusing on the presence of a reader lost in the interpretation of the text, this problematisation of fictional identities places these two novels between the acts of modernism and postmodernism.

Mutating Identities: Clarice Lispector's um sopro de vida - pulsações and Virginia Woolf's between the acts

The questioning of fictional identities is central in both texts. Their structure illustrates the Bakhtinian notions of heteroglossia and dialogism and one of their main themes is the structuring and restructuring of social and personal history. Together with the use of irony and humour, the parody of social context, the use of intertextuality and metafiction, the exploration of fragment and of discontinuity, the development of self reflection and the interrogation of the author before the condition of his work, the focusing on the presence of a reader lost in the interpretation of the text, this problematisation of fictional identities places these two novels between the acts of modernism and postmodernism.

Linear amplification with multiple nonlinear devices

Dissertação para obtenção do Grau de Mestre em Engenharia Electrotécnica e Computadores

Empirical analysis of the lending decisions of Chinese formal financial institutions in rural areas

A Work Project, presented as part of the requirements for the Award of a Masters Degree in Finance from the NOVA – School of Business and Economics

An RBC model with a rich fiscal sector

A Work Project, presented as part of the requirements for the Award of a Masters Degree in Economics from the NOVA – School of Business and Economics

Development of an equipment to detect and quantify muscular spasticity

Dissertação para obtenção do Grau de Mestre em Engenharia Biomédica

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.

Analysis and treatment of a nineteenth century oil painting

This thesis focused on the study and treatment of a 19th century female portrait in oil from ECOMUSEU Municipal do Seixal, Portugal. The portrait, which depicts Isabel Maria Lourenço Affonso was in poor condition and a large strip of paint and canvas was missing (approximately 9cm by 66cm, almost 11% of the total surface area). The portrait is a companion piece to a male portrait (the relationship was established as part of this study), therefore a technical study of both paintings was considered essential to support the choices made during the treatment. The project involved three main areas: - The study of the history, condition, materials and techniques of both paintings. This allowed their comparison and understanding of their relationship; - The treatment of Isabel Maria Lourenço Affonso. The choices made and problems encountered are described. - The production of a replacement for the missing strip of paint and canvas. The practical solution developed to overcome such an unusual challenge is described along with the creative and flexible thinking required. Because not all traditional infill materials cope well on a mechanical level with thin layers over a very large surface (many are too brittle), strict criteria had to be employed to choose the appropriate material. The primary goal was to find a fill which would remain flexible and be capable of accepting surface texture, such that there would be a good visual match with the painting. Analysis and testing was carried out to evaluate the physical properties of the fill material chosen, BEVA® Gesso-P. The successful creation of the replacement strip has resulted in two publications and one presentation: Publication pending in The Picture Restorer, Leslie Carlyle, Raquel Marques, Isabel Pombo Cardoso and Sara Babo, “Creating a Textured Replacement Strip for the Missing Lower Portion of an Oil Portrait: Problem Solving and Practical Solutions”. Abstract accepted for presentation and publication, International Meeting on Retouching of Cultural Heritage (2RECH), Raquel Marques, Leslie Carlyle and Isabel Pombo Cardoso, “Textured Replacement Strip for a Missing Portion of a Portrait: Problem Solving and Practical Solutions”.