Aplicação das medidas de coacção às pessoas colectivas

1. Legal system of coercive measures and applicability to legal persons: the criminal liability of legal persons, application requirements, fundamental principles; 2. Inapplicability of personal freedom coercive measures to legal persons; 3. Application in the specific case of legal persons: term of identity and residence; provision of security, the obligation of periodic presentation, suspension of exercise of functions, activities and rights, conducts prohibitions and obligations; 4. Break of coercive measure imposed on the legal person.

Ações encobertas

The global and increasingly technological society requires the States to adopt security measures that can maintain the balance between the freedom, on the one hand, and the security and the respect for fundamental rights of a democratic state, on the other. A State can only achieve this aim if it has an effective judicial system and in particular a criminal procedure adequate to the new criminogenic realities. In this context, the national legislator has adopted, following other international legal systems, special means of obtaining proof more stringent of rights. Within those special means are included the covert actions, that, being a means to use sparingly, is a key element to fight against violent and highly organized crime. Therefore, the undercover agent, voluntary by nature, develops a set of activities that enables the investigation to use other means of taking evidence and/or probationary diligences itself, with the purpose of providing sufficient proof to the case file. In this milieu, given the high risks involved during the investigation, as well as after its completion, the undercover agent can act upon fictitious identity. This measure can be maintained during the evidentiary phase of the trial. Similarly, given the latent threat that the undercover agent suffers by its inclusion in criminal organizations, as well as the need for his inclusion in future covert actions it is crucial that his participation as a witness in the trial is properly shielded. Thus, when the undercover agent provides, exceptionally, statements in the trial, he shall do so always through videoconference with voice and image distortion. This measure can guarantee the anonymity of the undercover agent and concomitantly, that the adversarial principle and the right of the accused to a fair trial is not prejudiced since, in those circumstances, the diligence will be supervised in its entirety (in the audience and with the undercover agent) by a judge.

What Fidelidade group should do to convey its human centric brand identity values to millennial insurance consumers

Companies are concerned in attracting and retaining Millennial consumers, especially if their relation with this target audience is weak. This happens in the insurance industry in Portugal and in Fidelidade group specifically. The aim of this study is to recommend a strategy for the insurance group to improve its relationship with these consumers, by conveying its human centric values. In order to address this goal, we developed a qualitative research. The main insight is that Millennials may perceive those values in the industry but do not associate them with insurance brands.

Relatório de estágio curricular realizado na Comissão Nacional de Protecção de Dados

The personal data protection is presented as an indisputably complex and transversal subject and gives an account of this report, a result of curricular internship at the Portuguese Commission for Data Protection. The Commission is the competent authority for the control and supervision of personal data processing. The subject around which this report was prepared is the protection of personal data, analyzed in several aspects. The protection of personal data is, for some time, a topic that raises many concerns, because it is closely linked to fundamental rights constitutionally protected. Fundamental rights inherent in each of us are a result of Article 1 of the Constitution of the Portuguese Republic, in the sense that the dignity of the human person is affirmed as the first value around which the Portuguese legal system will have to be based. In other words, is the dignity of the human person the highest value in the Portuguese legal system. Was the development of societies to the point that we know today that has led to the importance to the personal data of citizens. In modern societies, it is possible to know everything about everyone and the curiosity of others seems not to worry about the injuries that affect the rights of citizens. Where new technologies make excuses for the excessive processing of personal data and where subjects do not seem to bother about their personal data crossing the world, it is important that jurisdictions give value the protection of personal data and the implications of its misuse, in that as these are the mirror of identity each of us and can be used against their owners, causing irreparable damage to the their fundamental rights. Being understood as protection of personal data the possibility of each citizen to decide the use of their data and how they can be used, we can say that its protection depends essentially on each of us, as holders of personal data. Therefore, the protection of our data begins in ourselves.

Os diferentes níveis de regulação legal dos conflitos de interesses no âmbito da gestão de fundos de investimento mobiliário

In the context of the activity developed by securities investment funds (hereinafter referred to “SIF”) the holders of investment units have a very tiny power to intervene. Aware of the risks that a decoupling between ownership and control may pose, the legislator has foreseen a number of impositions and limitations to the activity of the managing entities, namely to prevent or prohibit the performance of acts in situations of potential conflicts of interests. Accordingly, the purpose of the dissertation on – “Os diferentes níveis de regulação legal dos conflitos de interesses no âmbito da gestão de FIM” – is exactly to determine the field of application of the several levels of legal regulation of the conflicts of interests that arise within the scope of the management of SIF, both at the level of the new legal requirements governing collective investment undertakings, and at the level of the legal requirements governing the conflicts of interests foreseen in the Portuguese Securities Code, in order to clarify the articulation of these different levels of conflicts of interests regulations.

Does the existing Corporate Governance structure and strict Legal Framework, affect the strategic decisionmaking of CEOs?

This thesis is a case study on Corporate Governance and Business Ethics, using the Portuguese Corporate Law as a general setting. The thesis was conducted in Portugal with illustrations on past cases under the Business Judgment Rule of the State of Delaware, U.SA along with illustrations on current cases in Portugal under the Portuguese Judicial setting, along with a comparative analysis between both. A debate is being considered among scholars and executives; a debate on best practices within corporate governance and corporate law, associated with recent discoveries of unlawful investments that lead to the bankruptcy of leading institutions and an aggravation of the crisis in Portugal. The study aimed at learning possible reasons and causes for the current situation of the country’s corporations along with attempts to discover the best way to move forward. From the interviews and analysis conducted, this paper concluded that the corporate governance structure and legal frameworks in Portugal were not the sole influencers behind the actions and decisions of Corporate Executives, nor were they the main triggers for the recent corporate mishaps. But it is rather a combination of different factors that played a significant role, such as cultural and ethical aspects, individual personalities, and others all of which created gray areas beyond the legal structure, which in turn accelerated and aggravated the corporate governance crisis in the country.

Impact of taxes on competition: the legal status quo in the European Union

Dissertação de mestrado em Direito dos Negócios, Europeu e Transnacional

A violência sexual e de género nos campos de população refugiada: análise e enquadramento legal

Dissertação de mestrado em Direitos Humanos

Estimativa de área de vegetação secundária na Amazônia Legal Brasileira

A vegetação secundária tem funções relevantes para os ecossistemas, tais como a fixação de carbono atmosférico, a manutenção da biodiversidade, o estabelecimento da conectividade entre remanescentes florestais, manutenção dos regime hidrológico e a recuperação da fertilidade do solo. O objetivo deste trabalho é, através de uma abordagem amostral, estimar a área ocupada por vegetação secundária na Amazônia Legal Brasileira (AML) em 2006. A amostragem se baseia em uma abordagem estratificada pelo grau de desflorestamento das cenas LANDSAT-TM que recobrem a AML. Foram selecionadas 26 cenas para o ano de 2006, distribuídas em sete estratos conforme o percentual de desflorestamento, nas quais foram mapeadas as áreas de vegetação secundária a partir de técnicas de classificação de imagens. Foi desenvolvido um modelo multivariado de regressão para estimar a área de vegetação secundária utilizando como variáveis independentes a área de desflorestamento, a área de hidrografia, a estrutura agrária, e área das unidades de conservação. A análise de regressão encontrou um R2 ajustado de 0,84 , e coeficientes positivos para a proporção de hidrografia na imagem (2,055) e para a estrutura agrária (0,197), e coeficientes negativos para o grau de desflorestamento na imagem (-0,232) e para a proporção de Unidades de Conservação na imagem (-0,262). O modelo de regressão estimou uma área de 131.873 km² de vegetação secundária para o ano de 2006. Aplicando uma simulação Monte Carlo foi estimada uma incerteza de aproximadamente 12.445 km² para a área.

Assessment and management of the geomorphological heritage of Monte Pindo (NW Spain): a landscape as a symbol of identity

This study focuses on the granite mountain known as Monte Pindo (627 m above sea level) in the Autonomous Community of Galicia (NW Spain). This territory is included in the area classified as “Costa da Morte” in the “Politica de Ordenación Litoral” (POL) (Coastal Planning Policy) for the region of Galicia. This coastal unit, located between “Rías Baixas” and “Cape Fisterra” has great potential for demonstrating geological processes and its geomorphological heritage is characterized by a high degree of geodiversity of granite landforms. The main objective of our work is to assess the geomorphological heritage of the site, thus revealing its wide geodiversity. We shall analyze and highlight: its scientific value, developing an inventory of granite landforms; its educational valuel and its geotouristic potential. It must be ensured that the Administration understands that natural diversity is composed of both geodiversity and biodiversity. Only then will the sustainable management of Monte Pindo become possible by integrating natural and cultural heritage values. The goal is to ensure that Monte Pindo and its immediate surroundings become a geopark with the aim of promoting local development projects based on the conservation and valorization of its geological heritage.

Racial inequalities in the socioeconomic, demographic and health conditions of elderly from Maranhão State, Legal Amazon, Brazil: a population-based study

Aging with quality of life does not occur equally among the racial groups of Brazilian elderly, and few studies have analyzed this issue in the states of the Brazilian Legal Amazon. The objective of this study was to investigate racial inequalities in the socioeconomic, demographic and health conditions of elderly residents of Maranhão state, Brazil. The present work is a cross-sectional study of 450 elders aged 60 years or older included in the 2008 National Household Sample Survey. The prevalence of socioeconomic, demographic, health and habit indicators and of risk factors were estimated in white, brown and black racial categories that were self-reported by the survey participants. The chi-square test was used for comparisons (a=5%). The majority of the elderly respondents identified themselves as brown (66.4%) or white (23.3%). There were significant socioeconomic, demographic, habit and lifestyle differences among the racial groups. Most of the black and brown elderly lived alone, reported lower educational levels and were in the lowest quintile for income. These respondents were also highly dependent on the Unified Health System (Sistema Único de Saúde - SUS), exhibited low rates of screening mammograms and lower physical activity levels and had a greater proportion of smokers. However, there was no difference in the prevalence of health indicators or in the proportion of elderly by gender, age, social role in the family or the urban-rural location of the household. These results indicate the presence of racial inequalities in the socioeconomic and demographic status and in the practice of healthy habits and lifestyles among elderly from Maranhão, but suggest equity in health status. The results also suggest the complexity and challenges of interlinking race with socioeconomic aspects, and the findings reinforce the need for the implementation of public policies for these population groups.

School health promotion and teacher professional identity

PURPOSE – Health and education are inextricably linked. Health promotion sits somewhat uncomfortably within schools, often remaining a marginal aspect of teachers’ work. The purpose of this paper is to examine the compatibility of an HP-initiative with teacher professional identity. DESIGN/METHODOLOGY/APPROACH – A qualitative research design was adopted consisting of semi-structured interviews. In total, 49 teachers in two school districts in the Auvergne region in central France were interviewed in depth post having completed three years’ involvement in a health promoting schools initiative called “Learning to Live Better Together” (“Apprendre a Mieux Vivre Ensemble”). FINDINGS – Teachers in the study had a broad conceptualisation of their role in health promotion. In keeping with international trends, there was more success at classroom than at whole school level. While generally teachers can be reluctant to engage with health promotion, the teachers in this study identified having little difficulty in understanding their professional identity as health promoters and identified strong compatibility with the HP-initiative. PRACTICAL IMPLICATIONS – Teachers generally viewed professional development in health promotion in a positive light when its underlying values were commensurate with their own and when the context was seen as compatible with the school mission. The promotion of health in schools needs to be sensitive to professional identity and be tailored specifically to blend more successfully with current teacher identity and practice. ORIGINALITY/VALUE – The promotion of health in schools needs to be sensitive to professional identity and be tailored specifically to blend more successfully with current teacher identity and practice.

External and internal dynamics in the EU's counter-terrorism policy: a political and legal analysis

Tese de Doutoramento em Ciência Política e Relações Internacionais

DNA evidence collecting in criminal investigation: Portuguese and Thai legal approaches

Doctoral Thesis in Juridical Sciences (Specialty in Public Legal Sciences)

Europa: uma questão profana ou sagrada?: estudo sobre as relações entre o poder político e as religiões no âmbito do processo de integração europeia

Dissertação de mestrado em Direito da União Europeia