Contratos de prestação de serviços de comunicações electrónicas

The object of this dissertation is the analysis of the legal framework applicable to contracts for provision of electronic communications services, while trying to offer solutions to some of the issues regarding this matter. The main focus of this study will be the rules concerning service’s suspension, which have been recently amended. The technological development and the establishment of these services as information transmitters and work tools were noteworthy for its growing importance at the present time. These services include cable television, telephone (landline and mobile) and internet and they are regulated by Law nr 23/96, July 26th, along with other essential public services. Said law sets a group of principles and duties, such as good faith (article 3), continuity and quality of the service (article 7) and the duty to rightfully inform the user (article 4), in order to protect the users. For the analysis of legal framework applicable to these particular contracts it is also fundamental to mention Law nr 5/2004, February 10th, known as Electronic Communications Law. The provisions regarding the service’s suspension are currently prescribed in articles 52.º and 52.º-A of the law. Given the amendments introduced by Law nr 10/2013, January 28th, consumers are subjected to a regulation different from the one applicable to the other users, established in the new article 52.º-A. From our analysis, we have concluded that the main change from past provisions has to do with the automatic termination of the contract as consequence of the consumer’s failure to pay the price or to conclude a written payment arrangement after service’s suspension.

Relatório de estágio na Caixa Geral de Depósitos

This report will describe the activities undertaken during my internship at the Personnel Department (DPE-UPE4.1) in Caixa Geral de Depósitos (CGD), Lisbon, between September 22, 2014, and February 28, 2015. I consider that it is important to note from the outset i) that the subject of my training was suggested by my supervisor in the DPE and accepted by me; and ii) that the internship consisted essentially of carrying out research and information gathering into the different social systems that coexist within the bank and the application of each legal system in solving concrete situations of the CGD employees. The research and analysis of information was important not only for my study but for the CGD itself, as it enables the department to have such an important matter, full of specific characteristics, condensed into a single document, i.e. this report. This is a complex reality. The various welfare systems differ according to the contractual agreement linking the employee to the employer at the date when the labour contract is signed, and also the unique/singular characteristics of the CGD. In the early stage I started by trying to understand the financial institution and its organization and role and the department where I worked. So I analyzed the CGD Statutes and the legal measures that crystallized the scheme for its employees and I also researched its domestic and international operations. The first month was devoted to the research and analysis of such legislation to understand the creation of the CGD and its path to date. In the second and third months I studied the legal social systems that are applied to different groups of CGD workers. This period was quite important to identify and understand the differences between those regimes of CGD employees as well as the procedure inherent in each case. I highlighted the non-implementation of “the social protection regime of convergence” to the workers of this institution; the differences regarding the allocation of sickness subsidies paid to workers who belong to Social Security and CGA contributors, as well as the enforcement of internal rules to all the workers when a work-related accident happens. Then I focused on to assessing and examining external legislation and several internal regulations in order to obtain solutions to questions raised and situations involving by the workers, in order to understand how the DPE solves these situations. Over the last three months of internship, after this more theoretical work, I began the analysis of concrete situations involving employees carrying out their duties in Portugal and abroad. Some of these situations had been received by the department before the beginning of my internship and others over this period. When I was “working” in the DPE I analyzed “cases” that had been solved and some others without a final solution because they were still in courts. As for the last ones (new cases) I was able to follow their assessment and sometimes their outcome. Some of them became study cases for me. Over these five months of my internship, several cases were analyzed and discussed by legal experts of DPE in which I could participate. I always worked hard. I know that this action contributed to elucidate me about the treatment of the issues, and allowed me to have a direct contact with some workers and be part of a dynamic work team. For these reasons, my internship report is not merely descriptive of activities. It consists of an analysis of rules (legislation) and a regulatory framework of activities and it is also a description of several specific situations solved or in a solution process. Through this work I intend to make known the particular reality of a modern Portuguese financial institution not only because of its importance in our country but also such a large number of employees work here (in Portugal and abroad). I should add that throughout my internship I was allowed to attend conferences, within the scope of the bank in order to get a broader view of some issues related to the daily life of the DPE and the CGD. So, I participated in I Jornadas Bancárias and the Conferência Internacional do Contrato a Termo, given that the CGD is a bank and the DPE deals with legal and labour relations.

Schistosomiasis mansoni in urban Northeast Brazil: influence of rainfall regime on the population dynamics of Biomphalaria sp.

Introduction Our objective was to evaluate the influence of rainfall regime on the population dynamics of Biomphalaria in a potential urban focus of schistosomiasis in Aracaju, Brazil, during 2009-2010. Methods Snails were collected monthly and were counted, measured and identified; the level of infection and fecal contamination at the sampling sites was determined; rainfall data were obtained. Results High levels of fecal contamination were observed, and the abundance of Biomphalaria glabrata increased during the rainy and post-rainy seasons. The snails' size was variable, and infected snails were identified independently of rainfall. Conclusions These results provide evidence of anthropogenic and climate interference in an urban focus of schistosomiasis in the Aracaju metropolitan area.

Paradigmas construtivos da máquina elétrica de relutância comutada: aplicação em regime de baixas velocidades. Aproveitamentos de energias renováveis

A máquina elétrica de relutância comutada (MERC) é, inerentemente, um conversor eletromecânico de velocidade variável, facilmente controlado através dos instantes de excitação e desexcitação do circuito magnético partilhado pelas fases. A sua robustez e simplicidade construtiva (só enrolamentos concentrados no estator), flexibilidade de controlo, bom rendimento numa gama alargada de velocidades, a sua fiabilidade e tolerância a defeitos fazem desta máquina uma opção válida para sistemas de conversão de energia caraterizados por baixas velocidades. A tendência crescente de instalar turbinas eólicas em offshore, para além dos desafios económicos e tecnológicos que levanta, torna a fiabilidade e a tolerância a defeitos, requisitos de vital importância. Neste contexto, a potencial aplicação da MERC a geradores eólicos sem recurso a caixa de velocidades, já que esta penaliza o custo, o volume e a fiabilidade do sistema, serviu de motivação a este trabalho. Nesta dissertação apresentam-se, numa perspetiva comparativa, diferentes paradigmas construtivos da MERC para o funcionamento gerador em regime de baixas velocidades, caraterístico dos aproveitamentos de energias renováveis. Para o efeito, formularam-se leis de escala apropriadas a análises dimensionais de topologias diferenciadas pelas caraterísticas dos circuitos elétrico e magnético e do seu posicionamento relativo. Estes modelos de escala permitiram introduzir constrangimentos físicos e dos materiais que condicionam o projeto da máquina, como a saturação magnética e limites de temperatura. Das análises dimensionais e validação com elementos finitos, elegeu-se uma estrutura magnética modular com caminhos de fluxo curtos que foi comparada com um protótipo de MERC regular, previsto para equipar um gerador eólico. Quando comparadas as duas topologias, assumindo dimensões idênticas, a modular apresentou um significativo ganho de potência específica mantendo bons níveis de rendimento. Pretende-se assim alargar a discussão do projeto das MERC, geralmente confinado a topologias regulares, a um contexto mais abrangente que inclua novos paradigmas construtivos.

O incumprimento do contrato de crédito ao consumo pelo consumidor

Consumer relations, established between the Consumer and the Creditor, which carry a consequent inequality of contractual positioning between the parties, have been pushing the legislator to adopt more rigid regulations with regard to lending for the purchase of goods or services of consum issues. In this sense, the Decree-Law 359/91 was approved, meanwhile repealed by the Decree-Law 133/2009, which regulates the consumer credit agreement’s regime in the portuguese legal system. Through this contract, the financier makes available to the consumer a certain amount of money, which the consumer must repay, plus the respective remuneration (interest) and other charges, according to a refund plan agreed by the parties. The consumer will be in delay if he breaches this stipulation. In case of default, the creditor, notwithstanding, can choose to wait for the performance by the debtor, promote the loss of benefit of the term or the termination of the contract. From the outset it would seem that, in one way or another, the financier, by imposing a forced shortening of the contract duration initially agreed, will lose the right to remuneration for the provision of capital agreed, but not verified. Nevertheless, unlike presently, the previous regime allowed the parties to rule otherwise, being permitted to agree to the payment of interest of outstanding installments. On the other hand, in the consumer credit contract the principle of freedom of contractual provision of the parties is strongly mitigated by the special legislation, which prevents the waiver of rights by the consumer, and by the regime of general contractual terms, which restricts the freedom of the financier to stipulate the contractual content freely and the freedom of the consumer to negotiate. For all these reasons, associated with the growing need of credit resource to satisfy their needs of consumption, it is confirm the relevance of legislative intervention on consumers protection in the context of hiring credit.

Análise do comportamento higrotérmico em regime variável de paredes sujeitas à acção da chuva incidente

A crise económica e social que assola Portugal desde 2008 e o aumento da exigência do nível de qualidade de vida dos utilizadores dos imóveis deram origem a um aumento de investimento na área de reabilitação de edifícios. A informação recolhida a partir dos Censos de 2011 mostra que existem cerca de dois milhões de imóveis, correspondentes a 34% do parque habitacional nacional, que necessitam de recuperação. Este facto ilustra bem a importância da aposta na reabilitação de edifícios no mercado português. A presente dissertação procura dar resposta a algumas das questões levantadas pela reabilitação de edifícios, nomeadamente em edifícios com paredes de tijolo maciço, através da análise higrotérmica de várias soluções construtivas que têm como camada de suporte o tijolo maciço, recorrendo ao programa WUFI® 4.2 - PRO. O WUFI® 4.2 - PRO foi um programa construído pelo Fraunhofer Institute for Building Physics que permite simular o transporte simultâneo de calor e de humidade unidimensional em elementos construtivos com várias camadas. Em primeiro lugar estudou-se o elemento construtivo com face à vista de modo a averiguar a influência da camada de tijolo maciço, seguindo-se uma análise à influência da espessura desta camada. Em segundo lugar analisou-se a influência do reboco exterior, interior e em ambas as faces na camada de tijolo maciço, tendo este estudo incluído argamassa de cal, de cal e cimento, e de cimento. Em terceiro lugar são analisadas as alterações que uma reabilitação térmica pelo interior ou pelo exterior impõem numa parede de tijolo maciço. Por último quantificou-se a diferença entre o coeficiente de transmissão térmica calculado em regime permanente e em regime variável, tendo esta análise sido efectuada para todos os elementos construtivos simulados na presente dissertação. O estudo desenvolvido permitiu corroborar o facto de que a chuva incidente é a principal responsável pelo transporte de humidade no interior do elemento construtivo, e que a quantidade de chuva incidente absorvida pela superfície exterior do elemento influencia tanto o fluxo de difusão como o fluxo capilar. As análises efectuadas permitiram clarificar a importância da camada de reboco. O reboco exterior diminui a quantidade de humidade na camada de tijolo maciço, enquanto o reboco interior implica um aumento. A aplicação de reboco em ambas as faces implica uma quantidade de humidade na camada de tijolo superior à aplicação apenas de reboco exterior. Dos rebocos analisados o único que não implica um aumento da quantidade de humidade é o reboco de cimento. Conclui-se que na aplicação de isolamento pelo exterior o reboco aplicado nas faces da camada de suporte não influencia de forma significativa o comportamento do elemento construtivo. No entanto, o mesmo não pode ser afirmado para a aplicação de isolamento pelo interior, já que o reboco exterior é principal responsável pela quantidade de humidade no elemento construtivo.

O incumprimento do contrato de crédito ao consumo pelo consumidor

Consumer relations, established between the Consumer and the Creditor, which carry a consequent inequality of contractual positioning between the parties, have been pushing the legislator to adopt more rigid regulations with regard to lending for the purchase of goods or services of consum issues. In this sense, the Decree-Law 359/91 was approved, meanwhile repealed by the Decree-Law 133/2009, which regulates the consumer credit agreement’s regime in the portuguese legal system. Through this contract, the financier makes available to the consumer a certain amount of money, which the consumer must repay, plus the respective remuneration (interest) and other charges, according to a refund plan agreed by the parties. The consumer will be in delay if he breaches this stipulation. In case of default, the creditor, notwithstanding, can choose to wait for the performance by the debtor, promote the loss of benefit of the term or the termination of the contract. From the outset it would seem that, in one way or another, the financier, by imposing a forced shortening of the contract duration initially agreed, will lose the right to remuneration for the provision of capital agreed, but not verified. Nevertheless, unlike presently, the previous regime allowed the parties to rule otherwise, being permitted to agree to the payment of interest of outstanding installments. On the other hand, in the consumer credit contract the principle of freedom of contractual provision of the parties is strongly mitigated by the special legislation, which prevents the waiver of rights by the consumer, and by the regime of general contractual terms, which restricts the freedom of the financier to stipulate the contractual content freely and the freedom of the consumer to negotiate. For all these reasons, associated with the growing need of credit resource to satisfy their needs of consumption, it is confirm the relevance of legislative intervention on consumers protection in the context of hiring credit.

Aplicação do novo regime de produção distribuída de eletricidade renovável

A necessidade de reduzir a dependência energética externa de Portugal e contribuir para a mitigação das alterações climáticas, passa por uma aposta na produção de energia elétrica com origem em fontes renováveis. O elevado número de horas de Sol disponíveis e a redução dos custos dos painéis fotovoltaicos, atingindo-se a paridade em relação aos custos de compra de eletricidade pelo consumidor, tornou o aproveitamento doméstico da energia solar particularmente atraente. Nos anos recentes, face ao elevado défice tarifário, o Governo mudou a sua política de tarifas garantidas para produção de eletricidade renovável e a sua injeção na rede, substituindo-a pelo conceito de autoconsumo. Trata-se duma oportunidade estratégica que reduz o transporte de eletricidade e promove uma produção descentralizada, mas que implica um conhecimento detalhado da procura, incentivando o consumidor a gerir melhor a energia em sua casa. O presente estudo avalia a aplicação deste novo regime de produção distribuída de eletricidade renovável segundo duas abordagens. A primeira teve em conta uma amostragem muito simples dos consumos mínimos em moradias e apartamentos no Monte de Caparica, nas horas de maior produção de energia fotovoltaica. A segunda abordagem baseou-se em perfis individualizados de consumo de eletricidade para uma amostra de 19 moradias da cidade de Évora durante o ano de 2014. Foram calculados diversos parâmetros para três potências diferentes de painéis fotovoltaicos (200 Wp, 250 Wp e 500 Wp) tais como a produção fotovoltaica utilizada, poupança, gastos e período de retorno do investimento. O período de retorno teve por base preços de mercado de painéis fotovoltaicos. Os resultados obtidos permitiram identificar a melhor solução em termos de custo para cada moradia. Constatou-se que as potências dos painéis que melhor se adequavam às moradias estudadas são 250 Wp e 500 Wp com percentagens de utilização da eletricidade produzida acima dos 80%. As poupanças potenciais no consumo total de eletricidade situam-se entre os 7% e os 30% e os períodos de retorno do investimento entre os cinco e os doze anos.

Relatório de estágio na Caixa Geral de Depósitos

This report will describe the activities undertaken during my internship at the Personnel Department (DPE-UPE4.1) in Caixa Geral de Depósitos (CGD), Lisbon, between September 22, 2014, and February 28, 2015. I consider that it is important to note from the outset i) that the subject of my training was suggested by my supervisor in the DPE and accepted by me; and ii) that the internship consisted essentially of carrying out research and information gathering into the different social systems that coexist within the bank and the application of each legal system in solving concrete situations of the CGD employees. The research and analysis of information was important not only for my study but for the CGD itself, as it enables the department to have such an important matter, full of specific characteristics, condensed into a single document, i.e. this report. This is a complex reality. The various welfare systems differ according to the contractual agreement linking the employee to the employer at the date when the labour contract is signed, and also the unique/singular characteristics of the CGD. In the early stage I started by trying to understand the financial institution and its organization and role and the department where I worked. So I analyzed the CGD Statutes and the legal measures that crystallized the scheme for its employees and I also researched its domestic and international operations. The first month was devoted to the research and analysis of such legislation to understand the creation of the CGD and its path to date. In the second and third months I studied the legal social systems that are applied to different groups of CGD workers. This period was quite important to identify and understand the differences between those regimes of CGD employees as well as the procedure inherent in each case. I highlighted the non-implementation of “the social protection regime of convergence” to the workers of this institution; the differences regarding the allocation of sickness subsidies paid to workers who belong to Social Security and CGA contributors, as well as the enforcement of internal rules to all the workers when a work-related accident happens.Then I focused on to assessing and examining external legislation and several internal regulations in order to obtain solutions to questions raised and situations involving by the workers, in order to understand how the DPE solves these situations. Over the last three months of internship, after this more theoretical work, I began the analysis of concrete situations involving employees carrying out their duties in Portugal and abroad. Some of these situations had been received by the department before the beginning of my internship and others over this period. When I was “working” in the DPE I analyzed “cases” that had been solved and some others without a final solution because they were still in courts. As for the last ones (new cases) I was able to follow their assessment and sometimes their outcome. Some of them became study cases for me. Over these five months of my internship, several cases were analyzed and discussed by legal experts of DPE in which I could participate. I always worked hard. I know that this action contributed to elucidate me about the treatment of the issues, and allowed me to have a direct contact with some workers and be part of a dynamic work team. For these reasons, my internship report is not merely descriptive of activities. It consists of an analysis of rules (legislation) and a regulatory framework of activities and it is also a description of several specific situations solved or in a solution process. Through this work I intend to make known the particular reality of a modern Portuguese financial institution not only because of its importance in our country but also such a large number of employees work here (in Portugal and abroad). I should add that throughout my internship I was allowed to attend conferences, within the scope of the bank in order to get a broader view of some issues related to the daily life of the DPE and the CGD. So, I participated in I Jornadas Bancárias and the Conferência Internacional do Contrato a Termo, given that the CGD is a bank and the DPE deals with legal and labour relations.

O regime penal das imunidades dos titulares dos órgãos políticos de soberania

Portugal is one of the countries that has a constitutional regime of immunity. This protects certain individuals in political positions from prosecution under the law. These individuals are said to have a privileged status when compared to ordinary citizens. The purpose of this study is to examine the immunities enjoyed by President, the members of Parliament and the government ministers. The regime of immunities can be found to generate a certain sense of injustice and feelings of mistrust since the individual can not, albeit temporarily, be held criminally responsible for criminal conduct. It is urgent, therefore, to find a consistent justification with the principles and values of the Criminal Law. The Parliament is the place of the exercise of democratic power and, therefore, a member of Parliament assumes a central position in parliamentary activity. For this reason, it will be necessary to determine analysis to determine the meaning the prerogative of criminal irresponsibility. One question that must be asked is to know how the dogmatic plan that the immunities of the political organs of sovereignty must be seen.

Contratos de prestação de serviços de comunicações electrónicas

The object of this dissertation is the analysis of the legal framework applicable to contracts for provision of electronic communications services, while trying to offer solutions to some of the issues regarding this matter. The main focus of this study will be the rules concerning service’s suspension, which have been recently amended. The technological development and the establishment of these services as information transmitters and work tools were noteworthy for its growing importance at the present time. These services include cable television, telephone (landline and mobile) and internet and they are regulated by Law nr 23/96, July 26th, along with other essential public services. Said law sets a group of principles and duties, such as good faith (article 3), continuity and quality of the service (article 7) and the duty to rightfully inform the user (article 4), in order to protect the users. For the analysis of legal framework applicable to these particular contracts it is also fundamental to mention Law nr 5/2004, February 10th, known as Electronic Communications Law. The provisions regarding the service’s suspension are currently prescribed in articles 52.º and 52.º-A of the law. Given the amendments introduced by Law nr 10/2013, January 28th, consumers are subjected to a regulation different from the one applicable to the other users, established in the new article 52.º-A. From our analysis, we have concluded that the main change from past provisions has to do with the automatic termination of the contract as consequence of the consumer’s failure to pay the price or to conclude a written payment arrangement after service’s suspension.

Kixikila - um contrato de financiamento informal

The purpose of the present work is to analyse and provide kixikila legal framework under Angolan law. Kixikila, despite being a legally atypical agreement, is a socially typical contract, governed essentially by the practices and customs in Angola and concluded throughout the country. With the above purpose in mind, this thesis is structured in five chapters: the first one aims at better understanding its features and, therefore, it describes the kixikila in accordance with oral research, direct observation and the contributions of scholars that have examined this matter. The second chapter aims at qualifying the kixikila as a legal transaction. For this purpose, we have analysed its requirements, formation stages, content and form, characteristics, rights and obligations of the parties, effects and compliance. We have also covered the reasons that explain why this type of agreement shall be legally protected in line with the protection conferred upon other legal agreements, taking into account its economic and social function. The third chapter covers the vicissitudes which may occur during the term of the kixikila agreement, as well as the enforcement mechanisms in face of breach and its termination. The fourth chapter aims at qualifying this agreement by comparing its most relevant characteristics with those of typical agreements, with a view to determining its legal nature based upon the similarity with other contractual types. This chapter further makes a comparative synthesis between the contracts in analysis. The fifth chapter analyses the legal nature and legal framework applicable to kixikila taking into account mixed-purpose contracts and sui generis contracts. We conclude that practices and customs in Angola take precedence as regards kixikila. Lastly, we attach additional information, such as excerpts of interviews with some individuals intervening in kixikila, the functional structure of kixikila and examples of kixikila, as well as demonstrative lists of countries where this type of agreement takes place and the obligations arising therefrom.

O contrato de transporte aéreo

The international conventions and agreements on civil liability emerged with the purpose of regulating the liability of the air carrier, bearing in mind two essential factors: i) the need to protect passengers interests, and ii) to ensure the continuous development of an incipient activity by limiting the compensation amounts. This research will focus on the analysis of the nature of the contract of air carriage, as well as the air carrier's liability regime regarding damages endured by passengers that may result from the non-performance of the contract.

A prestação de contas e o regime especial da invalidade das deliberações

The obligation of accountability, or the need to make known the economic and financial state of the companies, ceased to be a purely internal activity, becoming a necessity of a general nature. The knowledge of the financial state of the companies, wich is provided by accountability documents, reveals more and more elementary for all interested in the results obtained, whether in terms of profitability, either with a view to assessing the economic and financial health of the companies. This essay aims to a deeper analysis to matters of accountability, in particular, to the special invalidity scheme of corporate resolutions, wich is enshrined in art. 69º of Portuguese Companies Code. We chose to reference the accrual basis accounts approval, through the analysis of financial statements, laying down a set of principles and criteria applicable to different entities. After consideration of the special scheme versed in art. 69º, we conclude there is a certain ambiguity in the adoption of the criteria do delimit each of the hypotheses of the precept, since the legislator uses indeterminate concepts. Nevertheless, if there is a rule, this will be the annulment, and only exceptionally will apply the nullity scheme, where there is injury to the public interest and the interests of the creditors.