Pseudo-fractional ARMA modelling using a double Levinson recursion

IET Control Theory & Applications, Vol. 1, Nº 1

The most Portuguese village in Portugal: tradition in the age of its technical reproducibility

Ethnographic film is often associated with many European countries’ past as colonial powers and the way these countries used film to depict African, American and Asian territories and populations they once ruled. However, ethnographic film also has a European tradition of its own, closely interlaced with the history of ethnography and anthropology as autonomous sciences and with the desire of scholars to represent local, regional and national cultural identities. This paper presents a Portuguese attempt of this sort dating from 1938, when the authoritarian regime organized a national contest to determine which would be Portugal’s most “authentic” village – something other European countries also did. As part of this metonymic contribution to the construction of Portugal’s national identity as an agrarian utopia, a short documentary was shot, sponsored by the same official propaganda office that had organized the contest. In this film, the viewer’s gaze is made to coincide with the one of the national jury visiting the final selection of 12 villages and to whose benefit local scholars had organized all sorts of colourful peasant traditions hoping to cause the strongest impression. The film makes a strong case for the importance of ethnographic film as a relevant instance not only of the iteration of existing European national cultures, but also of the construction of so many of Europe’s national identities and traditions. Suffice to say that even today the village of “Monsanto”, which won the 1938 contest, is still referred to as “Portugal’s most Portuguese village”.

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

Territorial Strategic Planning as a support instrument for Regional and Local Development : a comparative analysis between Lisbon and Barcelona metropolitan areas - a first approach

Trabalho de Projecto apresentado para cumprimento dos requisitos necessários à obtenção do grau de Mestre em Metropolização, Planeamento Estratégico e Sustentabilidade.

The Visual Culture of Human Rights. Observations on Amnesty International

Trabalho de project de Mestrado em Antropologia de Direitos Humanos e Movimentos Sociais

While the crisis proceeds: A world redistribution of economic power?

The crisis has drawn attention to the fact that not only emerging powers but other regions of the world as well may be offering different development models and may constitute into alternative, in some dimensions more positive agents, in the conduct of the present stage of globalisation. Notwithstanding, the traditional western powers have not lost a large amount of control of the world economy. And the crisis proceeds, reallocating world power as in a Hobbesian anarchy. It is difficult to foresee smooth developments in the near future. On the contrary, multilateralism seems to be losing ground to unilateral action or bilateral arrangements. More or less disguised currency wars may lead to serious disequilibria, and turf wars may become more frequent, with motives ranging from securing captive markets to control of specific commodities and energy goods, or targeted regulatory frameworks. As economic policy becomes even more involved with defence and security affairs, the feedbacks from each side to the other seem likely to keep dissent and animosity high, rather than contributing to peaceful and constructive approaches. A more trouble-prone world may be easily expected.

Territorial Strategic Planning as a support instrument for Regional and Local Development: a comparative analysis between Lisbon and Barcelona Metropolitan Areas

MARQUES, B.P. (2011) "Territorial Strategic Planning as a support instrument for Regional and Local Development: a comparative analysis between Lisbon and Barcelona Metropolitan Areas", in Atas do 17.º Congresso da APDR, do 5.º Congresso de Gestão e Conservação da Natureza e do Congresso Internacional da APDR/AECR, Bragança e Zamora, pp. 1265-1272, ISBN 978-989-96353-2-6.

Endogenous spillovers in the trade-off between centralization and decentralization

In this paper, we revisit the classical trade-off between centralized and decentralized provision of local public goods, in a setting where interregional spillovers depend on the level of a national public good. We compare the standard benevolent planner approach with a political economy in which decisions, in a centralized system, are undertaken by a non-cooperative legislature with no separation of powers. We observe that the policy-maker in a centralized system is able to play both with local public goods and spillovers, a mechanism that is not available under a decentralized system. When compared to the traditional exogenous spillovers assumption, this improves the case for centralization under the standard benevolent planner approach. However, the same is not necessarily true in the non-cooperative legislature, as in this case the interests of the legislator do not need to be aligned with those of the society. Finally, we extend the traditional political economy analysis by considering a legislature in which decisions are undertaken by different committees (separation of powers), and show that it performs better than the original non-cooperative legislature, greatly improving the case for centralization.

Ruling the Empire: The Portuguese Colonial Office (1820s-1926)

Portugal was one of the first and most enduring European colonial powers of modern times: 1415 and 1975 mark the beginning and the end of a long empire cycle that left impressive imprints in many places. Since it started, the overseas expansion and the exploration of the colonial resources were closely articulated with state-building and the preservation of national independence. A forerunner at the Great Age of Discoveries, but a latecomer in the era of industrialization, in the 19th and early-20th centuries Portugal was a peripheral country, and the economic gap with the rich and industrialized core of Europe was wide. During this period, however, the country faced the critical challenge of ruling vast and geographically scattered overseas territories, and of preserving them from the greed of strong imperialist powers. This article starts by outlining the major developments in the Portuguese colonial policy over a century, since the 1820s until 1926. The independence of Brazil (1822) was a crucial turning point, which brought about a shift towards Africa. The First Republic (1910-1926), pervaded by a nationalist ideology, gave a new impetus to the efforts towards a more effective colonisation. Symptomatically, a Ministry of Colonies was then established for the first time. Second, it describes and analyses the transformation of the central office for colonial affairs – from a small ministerial department to an autonomous ministry -, stressing the increasing bureaucratic specialisation, the growth of the apparatus and its staff, and the introduction of new criteria for the selection and promotion of permanent officials (namely a higher profile given to careers in local colonial administration). Finally, it presents a collective biography of both the politicians (Cabinet ministers) and the administrators (directors-general) who ran the Colonial Office for a large period of the Constitutional Monarchy (from 1851 to 1910) and during the First Republic, thus enabling to assess the impact of regime change on elite circulation and career patterns.

From Strategic Planning to Development Initiatives: a first reflection on the situation of Lisbon and Barcelona

MARQUES, B.P. (2014) From Strategic Planning to Development Initiatives: a first reflection on the situation of Lisbon and Barcelona, in 20th APDR Congress Proceddings, APDR and UÉvora, Évora, pp. 850-857, ISBN 978-989-8780-01-0.

Humor impresso: cultura e política em O Espreitador do Mundo Novo

The aim of this paper is to identify, analyse and question the expressions of humour in O Espreitador do Mundo Novo, a monthly periodical published by José Daniel Rodrigues da Costa throughout 1802. It is a chapter of a PhD thesis in History and Theory of Ideas with the title “Correcting by laughter. Humour in Portuguese periodical press 1797-1834”. Positing humour as a social and cultural phenomenon, it is regarded here in a broad sense, comprehending wit, joke, ridicule, satire, jest, mockery, facetiousness or irony, displayed with recourse to various figures of speech. This interdisciplinary work intends listing and researching the themes and issues of the periodical and its targets, namely the social, age or gender stereotypes and to acknowledge its political stances. Another main purpose of this paper is to assess the role of humour as expressed in the printed periodical as a political and social weapon, criticizing ways (and which ways) and/or fashions, often ridiculing novelty just for being new in order to maintain the statu quo, and to establish in which senses humour was used in the context of late Ancien Régime and early liberalism culture. The humour of O Espreitador has also played a part in framing a public sphere in early nineteenth-century Portugal, as can be seen by the different “stages” and backgrounds where the monthly installments of the periodical take place: squares, coffee houses, fairgrounds, private houses, jailhouses, churches, public promenades, pilgrimages, bullfights, parties, the opera house – each of them a space of sociability and socialization. In this one, as in other periodicals of the time, printed humour stands at the crossroads of politics and culture, in spaces boldly widening before the reader. Albeit, there are quite a few loud silences in O Espreitador: not even the slightest remark to the church, the clergy or the Inquisition, only reverential references to the established order and the powers that be. The periodical criticizes the criticizers; it is against those who are against. The repeated disclaimers are intended not only to protect the author from libel suits or other litigation. They belong to a centuries-old tradition which, as early as the Middle Ages, has set apart escárnio (scorn) from maldizer (slander): José Daniel Rodrigues da Costa distinguishes satire from rebuking vice – a “cheerful criticism” forerunner of the ironic humour which was to become a trademark of Portuguese literature in the second half of the nineteenth century. Targeting those who deviate from the social norm (for example social climbers and older women who marry young men) or the followers of fashion (sometimes specifically “French fashion”), O Espreitador charges at liberal and progressive ideas. It ridicules the ways of the “New World” in order to perpetuate an idealized version of the “Old World”. Notwithstanding two exceptions – it condemns racism and bullfighting –, the humour of O Espreitador is conservative and conformist from a social and political standpoint.

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.

As estratégias de política externa na construção do Brasil emergente: uma análise do período de Lula da Silva, 2003-2010

O presente trabalho de investigação estuda a estratégia de política externa brasileira enquanto causa para a emergência internacional do Brasil. Pretendemos compreender em que medida as opções de política externa determinaram a emergência internacional do Brasil durante o período dos Governos de Lula da Silva (2003-2006 e 2007-2010). A emergência internacional é aqui entendida enquanto uma atitude de aumento do protagonismo internacional do país e da influência das decisões e do desenho do sistema internacional. Ao mesmo tempo tentou verificar-se se essa emergência ocorreu em simultâneo com a ascensão do Brasil a um novo estatuto na hierarquia dos Estados no sistema internacional, tendo em conta o seu objectivo de contribuir para uma ordem multipolar. A nossa investigação, sustentada pelas abordagens Realista Neoclássica e Construtivista, partiu da premissa de que as estratégias de política externa do Brasil têm sido marcados por uma tendência para projectar a influência internacional do Brasil, e que, com Lula da Silva, a recuperação de uma política externa assertiva e pragmática contribuiu para o sucesso dessas tentativas. Por conseguinte, a capacidade do Brasil em criar condições de estabilidade interna (redução da pobreza e crescimento económico) e regional terão estado também na base da sua projecção internacional. Simultaneamente, a reorganização do sistema internacional a par da rentabilização das oportunidades, e uma nova postura na formulação da política externa pelos actores responsáveis, formam o puzzle que permitiu dar continuidade e consolidar, durante os dois mandatos de Lula, ao percurso de ascensão do Brasil no sistema internacional. A investigação permitiu-nos retirar quatro conclusões essenciais: i) é indiscutível o peso da variável actores na emergência internacional do Brasil enquanto resultado de política externa; ii) a região não foi determinante na emergência internacional do país, mas influenciou, indirectamente, essa aspiração ao permitir que o Brasil se projectasse como um interlocutor válido e como uma Potência Regional; iii) a estratégia desenvolvida com as Grandes Potências não determinou a emergência internacional do Brasil e iv) as dimensões Sul-Sul e Multilateral da estratégia externa do Brasil tiveram um efeito directo na emergência internacional do país ao tornarem possível a actuação autónoma e independente do país. Em síntese, o revisionismo que caracterizou a política externa do Brasil não foi feito por confrontação com os Estados Unidos (ou com a União Europeia), pelo contrário, com ambos os actores se manteve uma relação assertiva. Foi ainda possível verificar a existência não apenas de uma política externa assertiva, mas também reactiva e personalizada, o que pode ser característico dos Estados que estão no «meio», os quais serão provavelmente menos imunes às características dos contextos e dos actores, do que os que estão no topo da hierarquia.

O dever de obediência a ordens ilegais na Guarda Nacional Republicana

The Republican National Guard (GNR) is a military structure and hierarchical force where discipline and obedience is a serious matter, but at the same time, the scope of its activity relates to the protection of the rights, freedoms and guarantees of citizens and the primacy of public interest. While security force, GNR ensures democratic law, guarantee the internal security and the rights of citizens. The controversial issue that lies at the heart of this work its related with the balance between the hierarchy and the written law. The hierarchy, also established by law, with given powers, exist to apply the law. However, the rule of law has exceptions. Which institute to prioritize, hierarchy or the law. And within the law, its rules or the exceptions. Who decides? The GNR's officers have to obey the laws and regulations and comply with the accuracy and timeliness determinations, orders and instructions issued by a superior, given in terms of service, as long as does not involve the practice of crime. The GNR´s officer with command tasks exercises power of authority inherent in these functions, and the corresponding disciplinary authority, being responsible for acts by himself or by his order are practiced. Identify situations of exception to law enforcement, the situations in which one must obey illegal orders, is difficult and thankless, it requires conferred authority and raises the weight of responsibility for decisions and orders issued.

As 'conversas informais' extraprocessuais como meio de prova em processo penal

In the present thesis, we examine the approach to the so-called “informal conversations”, especially between a suspect or defendant and criminal police authorities. Our goal is to understand if criminal police authorities are allowed to testify about the content of these conversations, revealing facts that the suspect or defendant may have shared with them, as well as about evidence that they may have acquired through these statements. Firstly, we briefly present the notion of “informal conversations” and the great variety of situations they may encompass: intra or extra-procedural; prior or subsequent to someone acquires the status of defendant. Secondly, we analyse some of the principles and rules that are involved in this controversial issue: principles concerning the procedural structure, organization and dynamic; principles concerning the production and assessment of evidence in the trial hearing; principles concerning the prosecution and the powers of criminal police authorities; the procedural status of the defendant; the rules concerning the reading of statements in the trial hearing; the rules concerning hearsay testimonies. Thirdly, we go through the great amount of case law on the so-called “informal conversations” and related matters, analysing the most relevant cases and the arguments that sustain them, as well as the legal literature. Our goal is to understand the evolution, throughout the last two decades, of the different opinions regarding the approach to the various situations in which “informal conversations” may occur and in which the admissibility of a testimony by criminal police authorities is questioned. Finally, we defend a different approach for testimonies by criminal police authorities prior and subsequent to someone acquiring the status of defendant. We see the moment when someone acquires the status of defendant as a border area in the admissibility of “informal conversations”, because from then on the statements have to be collected and assessed according to the law, so all the other conversations (or any other evidence) collected informally are irrelevant. As to the specific case of the testimony about the re-enactment of the crime, given the high degree of difficulty in separating the defendant’s contributions that may be considered essential and those that may be considered less useful, but still relevant, we support the qualification of the defendant’s contributions as inseparable from the re-enactment, allowing it to be replicated and assessed in the trial hearing with no restrictions.