4 resultados para Vítima
Resumo:
Study of the problems involved in the application of the right of refusal to testify (Article 134. º CPP) to criminal charges of domestic violence, namely in situations of violence between spouses. Drawing attention, to some of the contingencies of the exercise of the right of refusal in such proceedings, a matter never before examined under Portuguese law, and also to the need to reconsider, based on the North American experience, the application of the law in these cases.
Resumo:
Dissertação apresentada para cumprimento dos requisitos necessários à obtenção do grau de Mestre em Sociologia
Resumo:
The object of this dissertation is focused on the study of the home banking service and how the allocation of losses due to computer fraud is processed in the scope of this service. When considering the questions raised by the allocation of losses associated with fraudulent operations, it is important to consider, mainly, the behaviour of the user of the home banking service. In our opinion, courts have been too demanding towards the user when judging his action in the use of this service. In this study, we have concluded that, when the user “falls” into a computer fraud scheme, he should not be liable for gross negligent behaviour, even if, due to the fraud, the user revealed all his access codes to a hacker on a page similar to that of his bank. In general, such facts will not be sufficient to qualify the user’s action as grossly negligent. Therefore, the user, under the terms of the Payment Services’ System, must bear the loss up to a maximum of €150, and the bank will face the remainder of the losses. However, if the user, victim of a fraudulent technique, ignored the safety warnings issued by the bank, one must consider, given the specific case, that he contributed to gross negligence in unauthorised payment transactions. Thus, the user must bear all the losses up to the moment when he notifies the bank about the unauthorised transactions. It is the bank’s responsibility to, given the specific case, adduce evidence of the client’s contribution to the identified losses.
Resumo:
Domestic violence is one of the most serious problems that contemporary society faces. Domestic violence that specifically occurs between spouses is a particular case of domestic violence that has caused a high number of victims - mostly women - putting thus an enormous challenge to states with regard to combating this problem. In this thesis we intend to proceed with the study of this phenomenon in the Angolan context. The objective of this study is trying to understand how such violence is manifested in Angola, what factors may be at it’s source and what effects can be observed on the victims, their families and in society itself. Being the Angolan people strongly linked to traditions and customs, it seemed interesting to also address the issue of domestic violence under customary law. In addition to the problem of the study itself, we proceed to exposure and analysis of how the state and civil society have intervened in this matter. At the end of this study, we conclude that despite the fact that the issue of domestic violence has received more attention in recent years from the public entities and society in general, there is still a long way to go. This path involves not only more actions of the state but also a change of mentality, which can enable the break with social stereotypes in adopting a different behavior over the issue under review and internalizing that human dignity is the basic principle of any state that proclaims democratic rights.