Vir sapiens dominabitur astris: astrological knowledge and practices in the Portuguese medieval court (king João I to king Afonso V)

Dissertação apresentada para cumprimento dos requisitos necessários à obtenção do grau de Mestre em História Medieval

O Conselho de Estado na monarquia constitucional: uma reflexão preliminar

This article summarises the transformations in the State Council’s functions and membership throughout the Portuguese Constitutional Monarchy, and makes a preliminary attempt to scrutinise the political role played by an institution designed since its inception to advise the monarch. In spite of the parsimony of contemporary sources, and even contradictory empirical evidence, it seems indisputable that in several critical occasions the monarch’s political decisions were influenced by the dominant view in the State Council. Finally, the article presents the collective biography of the 73 individuals appointed to the State Council between 1833 and 1910 – who may be defined as the inner circle of the ruling elite - focusing on basic background features (birthplace, age, education, occupation, noble titles and political experience).

Direito da religião

This dissertation stands out the religious and social role of Christian religious minorities in Portuguese society, where the vast majority of the believers profess the Catholic faith. This work serves to demystify the widespread prejudice against minorities and clarify its place in the religious phenomenon in Portugal. We intend to define the concept of Religion, missing in the Portuguese legislation, framing it in Portuguese constitutional history, which allows us to evaluate the relations State/Catholic Church and State/religious minorities, since Liberalism. We attempt to measure how the legal system accepts the religious phenomenon and how to deal with religious diversity, according to the principle of religious freedom postulated in the Constitution of the Portuguese Republic. It is also our intention to relate the concepts of sect and religious minority, which tendentiously are misunderstood. In order to understand the underlying dynamics of religious minorities, we take the example of the Portuguese Evangelical Alliance, which we monitored closely throughout the investigation. We will give some space for a small analysis of the state and social discrimination experienced by the minorities. With this work we can conclude in general that Portugal, despite its weak religious diversity, has a good advance on the religious freedom. The Portuguese State has made a remarkable effort to cooperate with the churches, an effort that must be continued in order to fill some gaps found, particularly in the absence of legislation regarding the criminalization of religious discrimination and competence of the Committee on Religious Freedom in case of a possible complaint. We prove similarly that there is also a special attention to the Catholic Church in the composition of the Committee on Religious Freedom and the Committee Broadcast Time of Religious Confessions. In the end, we prove that the society is the major source of discrimination against minorities.

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.

Some Notes on the Reception of Josquin and of Northern Idioms in Portuguese Music and Culture

Although Josquin is by far the best-represented foreign composer in Gonçalo de Baena's Arte novamente inventada pera aprender a tanger (Lisbon, 1540), his music is undeniably under-represented both in the extant sixteenth-century Portuguese manuscripts containing Franco-Flemish polyphony and in volumes imported from the Netherlands such as Coimbra MM 2 and VienNB 1783. Josquin’s reputation made him, along with Ockeghem, a symbol in Portuguese humanistic culture, but up to at least the late 1530s his name seems to have been much better known than his music. Nevertheless, possible allusions to specific works by Josquin can be found in early- and mid-sixteenth-century Portuguese polyphony. By the 1520s, the general technical and stylistic characteristics of his and the following generation of northerners had begun to permeate locally produced polyphony. This eventually replaced the late-fifteenth- and early-sixteenth-century pan-consonant and homorythmic style associated with the Aragonese and the so-called Spanish court repertory.

A intervenção dos orgãos de polícia criminal em sede de julgamento

Currently, Portugal assumes itself as a democratic rule of substantive law State, sustained by a legal system seeking the right balance between the guarantee of fundamental rights and freedoms constitutional foreseen in Portugal’s Fundamental Law and criminal persecution. The architecture of the penal code lies with, roughly speaking, a accusatory basic structure, “deliberately attached to one of the most remarkable achievements of the civilizational democratic progress, and by obedience to the constitutional commandment”, in balance with the official investigation principle, valid both for the purpose of prosecution and trial. Regarding the principle of non self-incrimination - nemo tenetur se ipsum accusare, briefly defined as the defendant’s right of not being obliged to contribute to the self-incrimination, it should be stressed that there isn’t an explicit consecration in the Portuguese Constitution, being commonly accepted in an implicit constitutional prediction and deriving from other constitutional rights and principles, first and foremost, the meaning and scope of the concept of democratic rule of Law State, embedded in the Fundamental Law, and in the guidelines of the constitutional principles of human person dignity, freedom of action and the presumption of innocence. In any case, about the (in) applicability of the principle of the prohibition of self-incrimination to the Criminal Police Bodies in the trial hearing in Court, and sharing an idea of Guedes Valente, the truth is that the exercise of criminal action must tread a transparent path and non-compliant with methods to obtain evidence that violate the law, the public order or in violation of democratic principles and loyalty (Guedes Valente, 2013, p. 484). Within the framework of the penal process relating to the trial, which is assumed as the true phase of the process, the witness represents a relevant figure for the administration of criminal justice, for the testimonial proof is, in the idea of Othmar Jauernig, the worst proof of evidence, but also being the most frequent (Jauernig, 1998, p. 289). As coadjutant of the Public Prosecutor and, in specific cases, the investigating judge, the Criminal Police Bodies are invested with high responsibility, being "the arms and eyes of Judicial Authorities in pursuing the criminal investigation..." which has as ultimate goal the fulfillment of the Law pursuing the defense of society" (Guedes Valente, 2013, p. 485). It is in this context and as a witness that, throughout operational career, the Criminal Police Bodies are required to be at the trial hearing and clarify the Court with its view about the facts relating to occurrences of criminal context, thus contributing very significantly and, in some cases, decisively for the proper administration of the portuguese criminal justice. With regards to the intervention of Criminal Police Bodies in the trial hearing in Court, it’s important that they pay attention to a set of standards concerning the preparation of the testimony, the very provision of the testimony and, also, to its conclusion. Be emphasized that these guidelines may become crucial for the quality of the police testimony at the trial hearing, thus leading to an improvement of the enforcement of justice system. In this vein, while preparing the testimony, the Criminal Police Bodies must present itself in court with proper clothing, to read before and carefully the case files, to debate the facts being judged with other Criminal Police Bodies and prepare potential questions. Later, while giving his testimony during the trial, the Criminal Police Bodies must, summing up, to take the oath in a convincing manner, to feel comfortable, to start well by convincingly answering the first question, keep an attitude of serenity, to adopt an attitude of collaboration, to avoid the reading of documents, to demonstrate deference and seriousness before the judicial operators, to use simple and objective language, to adopt a fluent speech, to use nonverbal language correctly, to avoid spontaneity responding only to what is asked, to report only the truth, to avoid hesitations and contradictions, to be impartial and to maintain eye contact with the judge. Finally, at the conclusion of the testimony, the Criminal Police Bodies should rise in a smooth manner, avoiding to show relief, resentment or satisfaction, leaving a credible and professional image and, without much formality, requesting the judge permission to leave the courtroom. As final note, it’s important to stress that "The intervention of the Police Criminal Bodies in the trial hearing in Court” encloses itself on a theme of crucial importance not only for members of the Police and Security Forces, who must welcome this subject with the utmost seriousness and professionalism, but also for the proper administration of the criminal justice system in Portugal.

O processo sumário e a reforma do Código do Processo Penal de 2013

The present work aims to develop the theme "The summary procedure and the reform of 2013". The purpose of its analysis serves the interest to understand the virtues and disadvantages of the changes introduced by Act n.º 20/2013 to our Code of Criminal Procedure, and the main focus of the present reflection is to further the impact of the measures taken by the legislator to the summary proceedings. The opening of the most serious crimes to summary procedure is a reform measure duly highlighted because it is a true innovation in the Portuguese penal system. Therefore, it urges to analyse not only the consequences of this measure, as well as if the objectives of its introduction in the summary procedure system are met. It should be noted that the legislator intends to promote speedy trial, and at the same time, ensure compliance with the Constitutional rights associated to the accused. At this point it is important to realize if there is a restriction of the accused essential guarantees. On the other hand, it should be noted that the typical characteristics of summary proceedings might have been invariably modified, due to the innovative aspect of the reform. That said, the changes might have fostered a mischaracterization of the typical format of the summary procedure, both in terms of the nature of the proceedings and in terms of its space and objectives within the penal system. Reflecting on the above will provide a deeper understanding of the volatile balance between the Portuguese governing prosecution efficiency and the Constitution, as well as the future of the criminal policy in Portugal.

Training needs in TQM: the Portuguese perspective

A survey to assess training needs in TQM was developed in several European countries, within the framework of a Leonardo’s project named IMVOCED. Beyond a comparison of the results in each country, a global analysis was performed to design a TQM programme to be delivered by WBL (Work Based Learning). Differences were found between countries, and the Portuguese results also revealed that different approaches to TQM training should be adopted according to the organisation’s dimension. Based on this evidence, two different strategies for TQM training by WBL are proposed and discussed.

Practices and trends of telework in the Portuguese industry: the results of surveys in the textile, metal and software sectors

The aim of the TeleRisk Project on labour relations and professional risks within the context of teleworking in Portugal – supported by IDICT – Institute for Development and Inspection of Working Conditions (Ministry of Labour), is to study the practices and forms of teleworking in the manufacturing sectors in Portugal. The project chose also the software industry as a reference sector, even though it does not intend to exclude from the study any other sector of activity or the so-called “hybrid” forms of work. However, the latter must have some of the characteristics of telework. The project thus takes into account the so-called “traditional” sectors of activity, namely textile and machinery and metal engineering (machinery and equipment), not usually associated to this type of work. However, telework could include, in the so-called “traditional” sectors, other variations that are not found in technologically based sectors. One of the evaluation methods for the dynamics associated to telework consisted in carrying out surveys by means of questionnaires, aimed at employers in the sectors analysed. This paper presents some of the results of those surveys. It is important to mention that, being a preliminary analysis, it means that it does not pretend to have exhausted all the issues in the survey, but has meant that it shows the bigger tendencies, in terms of teleworking practices, of the Portuguese industry.

Flexicurity: Core Features of Portuguese Debate

According to the OECD, Portugal is an example of a country with a very high rigidity in the labour market. At the same time, Portugal is an example of a country with a high percentage or workers with short-term contracts. These conditions have led to an ongoing public discussion concerning the nee to introduce more flexibility while maintaining work security. In this paper we analyze the current situation concerning security and rigidity in the labour market and discuss the flexicurity in the Portuguese context.

The globalisation in the clothing sector and its implications for work organisation: a view from the Portuguese case

The clothing sector in Portugal is still seen, in many aspects as a traditional sector with some average characteristics, such as: low level of qualifications, less flexible labour legislation and stronger unionisation, very low salaries and low capability of investment in innovation and new technology. Is, nevertheless, a very important sector in terms of labour market, with increased weight in the exporting structure. Globalisation and delocalisation are having a strong impact in the organisation of work and in occupational careers in the sector. With the pressure of global competitiveness in what concerns time and prices, very few companies are able to keep a position in the market without changes in organisation of work and workers. And those that can perform good responses to such challenges are achieving a better economical stability. The companies have found different ways to face this reality according to size, capital and position. We could find two main paths: one where companies outsource a part or the entire production to another territory (for example, several manufacturing tasks), close and/or dismissal the workers. Other path, where companies up skilled their capacities investing, for example, in design, workers training, conception and introduction of new or original products. This paper will present some results from the European project WORKS – Work organisation and restructuring in the knowledge society (6th Framework Programme), focusing the Portuguese case studies in several clothing companies in what concern implications of global context for the companies in general and for the workers in particular, in a comparative analysis with some other European countries.

Applicability of SERVQUAL in restaurants: an exploratory study in a Portuguese resort

SERVQUAL is the most popular instrument to ascertain service quality. However, some debate exists about its ability to characterize different service environments. Furthermore, there is not a consensus about the inclusion of customer expectations in the model. The research presented in this paper intends to discuss the applicability of SERVQUAL to restaurant services and to analyze the inclusion of customer expectations in such environment. The research was developed in a Portuguese resort and more than 300 customers, from two different restaurants, were invited to participate in the study.

Climate change impacts on portuguese energy system in 2050

Dissertação apresentada na Faculdade de Ciências e Tecnologia da Universidade Nova de Lisboa para a obtenção do grau de Mestre em Engenharia do Ambiente, perfil Gestão e Sistemas Ambientais

Synthesis of the Piacenzian onshore record between the Aveiro and Setubal parallels (Western portuguese margin)

Onshore, the Piacenzianof the Mondego and Lower Tagus Tertiary basins comprises siliciclastic sediments deposited in shallow marine to continental environments. The outcrops of the deposits are relatively widespread in the Aveiro and Seuibal region. A lithostratigraphic synthesis based on the correlation of geological sections, is presented for the two basins. In general, the Piacenzian sediments display a regressive sucession. The Late Tortonian-Zanclean (?) confined drainage pattern changed at the beginning of Piazencian, to fluvial systems draining to the Atlantic, and capturing the drainage of the inner parts of the Hesperic Meseta. The Piacenzian sedimentary sequence post-dates one of the uprising phases during Neogene compression, recorded by a strong regional unconformity. Some local active faulting - as in Lousa, Rio Maior and Senibal- Pinhal Novo - allowed the local thickening of the sedimentary record. Later compressive tectonism continues to generate reverse faulting and diapiric reactivation, affecting those sediments. Currently, the Piacenzian deposits culminates the marginal piedmonts, widely eroded by the Quaternary fluvial dissection.

Characterization of cleaners accidents in the Portuguese service sector

This paper characterizes work accidents at Portuguese industrial cleaning companies, operating in the service sector, through the application of ESAW methodology. Data was codified based on the analysis of 748 accident claims to insurance companies (number of days lost 1 working day) in 3 large industrial cleaning companies for the period 2001-2003. Slipping and falling in the same level was the main deviation from the normal working process in the moment of the accident (in 25% of the accidents); uncoordinated movements was the second cause of accidents (14%); falls of persons to a lower level was the third cause of accidents (~10%), including falls from stairs (~7%) and falls from ladders and mobile ladders (~2%); globally, body movement under or with physical stress, including lifting, carrying, putting down, bending down, twisting, turning, trading badly, twisting leg or ankle and slipping without falling, were the cause in 17% of the accidents. Lower limbs were injured in ~25% of the accidents, hand and fingers in ~14%, the eye in ~4% and the back in ~9% of the accidents. An incidence rate of 3,580 accidents/100,000 employees was found to the sector (2003 data).