Estudo do impacte da institucionalização em lares na satisfação das necessidades humanas fundamentais : perspectiva dos idosos residentes

RESUMO O envelhecimento populacional, nos países ditos “desenvolvidos”, tem sido largamente discutido a nível internacional pelas suas implicações económicas, sociais e de saúde. Uma das prioridades de intervenção face a este fenómeno é promover o aumento de pessoas idosas autónomas inseridas no seu contexto social e familiar habitual. No entanto, nem sempre esse objectivo é atingido e a muitas pessoas idosas restam os lares, ou preferem-nos, como opção de alojamento e de satisfação das necessidades humanas fundamentais. O principal objectivo deste estudo foi procurar saber se a institucionalização no lar teve impacte na satisfação habitual das necessidades humanas fundamentais das pessoas idosas. Como objectivos secundários pretendeu-se complementar esta informação com alguns aspectos relacionados com o processo de institucionalização e perceber se existem diferenças significativas no que respeita ao sexo, grupo etário ou tempo de internamento. Foram incluídas no estudo 125 pessoas com 65 ou mais anos, residentes em 15 lares com alvará de iniciativa privada, pertencentes à Região de Lisboa e Vale do Tejo, no distrito de Setúbal. Os dados foram obtidos através de um questionário construído para o efeito pela autora. As principais conclusões do estudo apontaram para um impacte negativo da institucionalização na satisfação habitual de algumas necessidades que se enquadram no plano social, nomeadamente ocupar-se para se sentir útil, recrear-se e comunicar com os semelhantes. Nas diferentes necessidades, de uma forma geral, a institucionalização teve um impacte negativo no que respeita às dimensões relacionadas com privacidade e preferência individual. Por outro lado, a institucionalização parece ter tido um impacte positivo nas dimensões relacionadas com a segurança e a acessibilidade. Não foram encontradas diferenças significativas no que respeita ao número médio de respostas favoráveis ao lar ou à casa entre os grupos etários ou quanto ao tempo de internamento. Apesar disso, encontraram-se diferenças no que respeita ao grau de satisfação em residir num lar, sendo que o nível de satisfação com a institucionalização foi maior nas pessoas que residiam no lar há mais de um ano, comparativamente às que residiam no lar há um ano ou menos.-------------------------------------------- ABSTRACT: The ageing of the population of the more developed countries has been largely discussed internationally because of its economic, social and health implications. One of the priorities of intervention facing the ageing phenomenon is to promote the increase of autonomous elderly, within their usual social and familiar environment. Not always this goal is achieved and many elderly have nursing homes as option, or voluntary choose them, for lodgement and fundamental human needs satisfaction. The main goal of this study was to search whether the nursing home institutionalization had impact in the satisfaction of fundamental human needs. As secondary goals it was established to complement this information with some aspects of the institutionalization process, as well as to analyse if there were significant differences as far as sex, age groups or institutionalization time. The study sample included 125 individuals aged 65 years or more, living in 15 private nursing homes with approved legal certification, belonging to the Lisboa and Tagus Valley Region, in the district of Setúbal. Data were collected through a questionnaire designed for this study by the author. The main conclusions of this study pointed at a negative impact of institutionalization on the usual satisfaction of some human needs included at the social field, namely occupation, recreation and communication. At another level of needs, in a general way, institutionalization had negative impact concerning privacy and individual preferences dimensions. On the other hand, institutionalization appeared to have a positive impact in safety and accessibility dimensions. It was not found significant differences between age groups or institutionalization time as far as the average positive answers in favour to nursing home or house. Notwithstanding, there were differences relating to satisfaction in living at the nursing home being the satisfaction higher in residents who lived at the nursing home for more than a year, comparatively to those that lived at the nursing home for a year or less.

Da valoração de gravações e fotografias obtidas por particulares no processo penal

Recordings and photographs obtained by private individuals can be two of the most relevant evidences in helping finding the truth; however, they can also conflict with fundamental rights such as privacy, spoken word or image of the targets. It is not enough that only the violation of the right to privacy is withdrawn because rights to spoken word or image, unattached from the first one, show up independently as the main violated rights and are criminally protected in article 199º of the criminal code. Its use as evidence is, on a first moment, dependent on the private's conduct lawfulness, as it is stated in article 167º of the criminal procedure code. In order to consider its lawfulness, and accept its use as evidence, portuguese higher courts have been defending constructions mostly based on legal causes of defense. Although agreeing with a more flexible position of weighing all the interests at stake instead of denying its use as evidence, we believe notwithstanding that some of these solutions are misleading and shall not be spared from critics. Lastly, even if we reach a positive conclusion about the lawfulness of obtaining and using recordings and photogtaphs carried out to court by private individuals, they must not be however automatically admitted as evidence, still being necessary to proceed to a separate weighting, within the criminal procedure and its own legal rules, about their real purposes in the case.

O sigilo bancário e a fraude fiscal

Tax evasion and fraud threaten the economic and social objectives of modern tax systems, precluding the state funding for the satisfaction of collective needs and the fair distribution of wealth, being a violation of basic principles and values of our society. In tax law, to give tax administration the necessary powers to supervise and control the information provided by taxpayers and combat tax evasion and fraud, over the last years the grounds for a derogation of bank secrecy without judicial authorization have been extended, which raises some constitutional compatibility issues. Similarly, this tendency of making this legal regime more flexible and increasing automatic exchange of information has been followed by the European Union and the international community. Banking secrecy, as a professional secrecy, is an instrument to protect the right to privacy but also appears as an anti-abuse and repressive mechanism of evasive and fraudulent behaviors. Because of the conflict of interests will always be necessary to make a practical agreement between them, ensuring the legality and the due guarantees of the taxpayers but also an effective way to combat tax evasion and fraud. Bank secrecy cannot be one method to, behind the right to privacy, taxpayers practice illegal activities. But the practice of these irregular conducts also does not justify a total annihilation of the right to banking secrecy, uncovering all documents and bank information’s. Although considering the legislative changes, the administrative derogation of bank secrecy will always be what the tax administration does of it.

A possibilidade de utilização das publicações nas redes sociais como prova nos procedimentos disciplinares e despedimento dos trabalhadores

In these days, Internet and social media represent a big advance in communication. Using the internet brings people a lot of benefits and facilities, but with them comes risks and problems that are turning the line between public and private life smaller. The frequent use of internet and the unbridled use of it we see nowadays on its utilization brings problems related to people privacy, and the dividing line between private and public life is becoming more blurred and admitting the employer intromission on employee’s private life. So, it assumes the largest importance understand in which way this employee’s on exposure on social media brings problems and risks to employment relationship and establish some criteria in order to decide what needs legal protection. But should we affirm that protection when the employee’s publications on social media brings problems to the employer or the company? We think, in these cases, and considering some facts, employee’s private life should cede before the employer’s rights.

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.

A videovigilância no local de trabalho

The emergence of new technologies has introduced significant changes in the citizens life’s. There is a constant evolution of technological means and profound impact of their use in the habits of life of the human being. These new technological media are important tools in labor relations. The working and businesses worlds are increasingly turning to these new technologies, so that the use of video surveillance in the workplace is nowadays common. New technologies in general and the use of video surveillance in workplace in particular are providing ways to allow control of the work performance that are desired by most employers. However, the collection of images in the workplace often collides with the fundamental rights and freedoms of workers, in particular, with the right to privacy. The subject concerns the question of investigating is whether the images collected in workplace can be used as evidence in disciplinary proceedings. In fact, this issue is controversial. Doctrine and jurisprudence defend, at least, two responses for the same question. Those who understand that the evidence may be admitted for not violate any right of the worker, and others who argue that the evidence should not be admitted in disciplinary office. In the Portuguese legal system, there is, even, a new intermediate theory that begins to be defended, that only on certain occasions the evidence may be admitted. The solution to this problem involves the study of employment law and data video surveillance processing. Analysis of workers fundamental rights is fundamental to come to a grounded conclusion.