Prisão de Sócrates é contra a Constituição?

O decretar da prisão preventiva, mal fundamentada, leva a dizermos que estamos perante uma violação constitucional dos princípios da proporcionalidade, adequação, necessidade e da intervenção mínima em Direito penal. São violados os art.s 18º e 28º da Constituição, os art.s 193º e art.s 202º e ss. do Código de Processo Penal. É violado o art. 40º do Código Penal, quanto às finalidades do próprio Direito Penal, como a ressocialização ou restauração num ordenamento jurídico como o português, onde a pena máxima é apenas de 25 anos mais os descontos do Código de Execução de Penas! § Abstract: The decree of preventive detention, ill-founded, leads to say that this is a constitutional violation of the principles of proportionality, appropriateness, necessity and minimum intervention in criminal law. The art.s 18 and 28 of the Constitution are violated, the art.s 193 and art.s 202 ff. the Criminal Procedure Code. It violated art. 40 of the Penal Code, for the purposes of own criminal law, such as rehabilitation or restoration in a legal system like the Portuguese, where the maximum penalty is only 25 years plus discounts of Implementing Sentencing Code!

Será preciso lembrar que o 1º de Maio nasceu em Chicago-EUA?!

É vergonhoso e revoltante que seja o próprio Estado português a promover o despedimento em Portugal, qual país do 3º mundo. Muitas vezes não apenas junto dos trabalhadores do sector privado, mas também junto do próprio sector público. Agora, acreditam que existiram perfeitos ignorantes e idiotas em Portugal que chegaram nos tempos mais recentes a propor o fim deste feriado de cariz mundial?! § Abstract: It is shameful and disgusting that is the very Portuguese State to promote the dismissal in Portugal, which country in the 3rd world. Often not only among private sector employees, but also from the public sector itself. Now, believe that there were ignorant and stupid perfect in Portugal who arrived in recent times to propose the end of this world oriented holiday ?!

Porque Sá Carneiro queria integrar o PSD na Internacional Socialista?

Tal como na ascensão do nazismo, não será que a social-democracia portuguesa e europeia estará a subestimar agora de novo a presente ascensão da “social” extrema-direita racista europeia ao desprezar os mais fracos, sejam estes países ou pessoas? Bem tinha razão, Francisco Sá Carneiro!; § Abstract:As the rise of Nazism, is not that the Portuguese and European social democracy is to underestimate now again this rise of "social" racist European extreme right to despise the weak, be they countries or people? Well he was right, Francisco Sá Carneiro!

Prefácio

A tese de Mestrado com o título “A Proibição da Reformatio in Pejus: os efeitos processuais no direito processual penal e no direito das contraordenações”, é uma delas. Trata-se de tese com especial qualidade e muito útil ao leitor profissional e especializado das Ciências Jurídico-Criminais e portanto Constitucionais. Ou não fossem as garantias criminais o núcleo fundamental dos espaços e tempos de Direito, da democracia social: art. 32º/10 da Constituição da República Portuguesa: “10. Nos processos de contra-ordenação, bem como em quaisquer processos sancionatórios, são assegurados ao arguido os direitos de audiência e defesa.”; Abstract: The Master's thesis entitled "Prohibition of Reformatio in pejus: the legal proceedings in the criminal procedural law and the law relating to offenses", is one of them. It thesis with special quality and very useful to the professional and skilled reader of Legal and Criminal Sciences and therefore constitutional. Or were not criminal guarantees the fundamental core of the spaces and times of law, social democracy: art. 32/10 of the Portuguese Constitution: "10. In misdemeanor cases, as well as any disciplinary procedures, is guaranteed to the defendant the hearing and right of defense. ".

Finantial risk analysis of portuguese textile and tourism companies

Textile and tourism sectors are two important industries in the Portuguese economy. However, its high exposure to both internal and international economic volatility make the companies operating in these economic sectors particularly vulnerable to economic crises, such as the ones which have been impacting Portugal and the European Union. The objective of this paper is to evaluate and understand the impact of size and age on the financial health of textile and tourism companies, measured by economic indices. An empirical based model is proposed. Its implications are derived and tested on a sample of 4061 Portuguese companies from textile and tourism sectors, during the period 2005-2009. The findings suggest that age has a major impact on the risk of failure, rather than size. Whereas the effect of age is generally positive regarding the financial health of the company, the effect of size is less clear and ultimately depends on the age of the company.

Tourism impacts of a portuguese world heritage historic center: residents’ perspectives

The aim of this study is twofold. First, the study analyzes local community perspectives of the importance of the WHS classification of the historic center of Évora. Second, the study analyzes local residents’ perceived tourism impacts on the municipality of Évora. The methodology comprises quantitative research based on a self-administered survey applied to convenience samples of local residents of Évora in the beginning of 2014. The main results reveal that local residents have a strongly positive perception of the WHS designation. With regard to the perceived tourism impacts, a principal component factor analysis delineated three positive and three negative tourism impacts. The comparison of the mean scores of these factors across residents that live near and far from the historic center reveals that the most valued and least valued factors are common to all groups of residents. Nevertheless, in terms of positive impacts, the residents that live near the historic center revealed higher means than the residents that live far from it, whereas in terms of negative impacts, the latter group revealed higher means than former group.

Residents’ perspectives on tourism impacts of portuguese world heritage historic centers: Angra do Heroísmo and Évora

The aim of this study is twofold. First, the study analyzes local community perspectives of the importance of the World Heritage Site (WHS) classification of the historic centers of Angra do Heroísmo and Évora. Second, the study analyzes local residents’ perceived tourism impacts on the municipalities of Angra do Heroísmo and Évora. The methodology comprises quantitative research based on a self-administered survey applied to convenience samples of local residents of the two Portuguese municipalities in 2014. The main results reveal that local residents have a strongly positive perception of the WHS designation in both municipalities. With regard to the perceived tourism impacts, residents from Angra do Heroísmo have a stronger agreement about the impacts of tourism on their city than the residents of Évora, except for the negative social and cultural impacts. The comparison of the mean scores of these impacts across residents that live near and far from the historic centers reveals that the most valued and least valued impacts in the three categories of impacts (economic, social and cultural, and environmental) are common to all groups of residents. Nevertheless, residents living in or near the historic center of Angra do Heroísmo have higher means in the majority of tourism impacts (in all categories), with only one negative impact to concern the majority of respondents. Among the residents from Évora, residents living in or near the historic center have higher means in the majority of economic impacts but lower means in almost social and cultural impacts. With regard to the environmental impacts, residents living in or near the historic center have higher means scores in the positive impacts and lower means scores in the negative environmental impacts.

Cuidado com bicos-de-pé em face da Constituição

Nas palavras de Canotilho/Moreira, o regime político português é um Estado-de-partidos, os quais foram elevados à Constituição formal. São expressão da vontade popular (10º/2). São um direito fundamental constitucional. Participar ou fundar um partido é um direito, liberdade e garantia (art. 51º). Participam nos órgãos com base no sufrágio universal e directo. Mas são mediadores pois o poder político é do Povo (art. 108º)! São os partidos que formam a vontade de órgãos como o Governo! Os partidos têm direito a apresentar candidatos aos órgãos; e têm o direito de obter mandatos de acordo com os resultados eleitorais e o método proporcional (art. 113º/5 e 152º/1)… E às Forças Armadas incumbe a defesa militar da República: art. 275º/1 CRP… § In the words of Canotilho / Moreira, the Portuguese political system is a state-parties, which were elevated to the formal Constitution. They are an expression of popular will (10/2). Is a constitutional fundamental right. Participate or found a party is a right, freedom and guarantee (art. 51). Participate in organs based on direct and universal suffrage. But are mediators because political power is the people (art. 108)! Are the parties that form the will of organs such as the Government! The parties are entitled to nominate candidates to the organs; and have the right to obtain mandates in accordance with the election results and the proportional method (Article 113/5 and 152/1.) ... and the Armed Forces have the responsibility for the military defense of the Republic: art. 275/1 CRP ...

Financial Risk Analysis of Portuguese Textile and Tourism Companies

Textile and tourism sectors are two important industries in the Portuguese economy. However, its high exposure to both internal and international economic volatility make the companies operating in these economic sectors particularly vulnerable to economic crises, such as the ones which have been impacting Portugal and the European Union. The objective of this paper is to evaluate and understand the impact of size and age on the financial health of textile and tourism companies, measured by economic indices. An empirical based model is proposed. Its implications are derived and tested on a sample of 4061 Portuguese companies from textile and tourism sectors, during the period 2005-2009. The findings suggest that age has a major impact on the risk of failure, rather than size. Whereas the effect of age is generally positive regarding the financial health of the company, the effect of size is less clear and ultimately depends on the age of the company.

IDENTIFYING ETHICAL DILEMMAS OF PORTUGUESE CHARTERED ACCOUNTANTS

The way professionals deal with ethical dilemmas and the decisions they make may be guided by a personal and individual ideology, but it is also strongly influenced by their professional group and society. This paper focuses in real situations as they are experienced by individuals in their day-to-day professional life. The data were collected using opened-end interviews. Respondents were asked to identify the ethical dilemmas they had been faced with during their professional life. Qualitative analysis shows that main dilemmas are about how to deal with “informal economy”, “false invoices” and “tax evasion”. This study aims to contribute to the discussion of ethical issues faced by Portuguese Chartered Account (TOC), thus promoting a large debate about the way the TOC can help to create a better society and consequently legitimating their existence as a professional organization of public interest. More than ever, understanding professionals’ behavior in their real context is essential for to build a culture conducive to the ethical development of society, and to ensure, at the same time, the desirable business sustainability. This study gives a broaden description of ethics dilemmas faced by chartered accounts and shows some inefficiency in the ethical control system made by professional bodies.

Use of performance information by local politicians: a field study in the Portuguese context.

This paper seeks to investigate the use of performance information by politicians and whether the institutional reforms on performance management (PM) have been operationalized by local politicians. Differences on the policy field and the organizational context have been analyzed. Our goal is contribute to knowledge on PM in the political sphere and understand the different responses of politicians to government change initiatives (mainly coercive pressures). Our findings show that local politicians support the notion that greater attention should be devoted to the use of performance information on the evaluation process. Nevertheless they are very skeptic in relation to effective execution of government reforms. There is an internal culture where agencies are embedded, strongly influenced by the high degree of politicisation among senior managers, that lead politicians to be more concerned about personal opinions and informal performance information rather than to use more sophisticated information (output and outcome measures). The institutional approach helps us to identify political responses to institutional pressures and understand the reasons for a reduced use in the Portuguese context.

Stability, sustainability and viability of the Portuguese Football Federation

Purpose: to evaluate and study the viability, stability and the ability of the Portuguese Football Federation (PFF) to generate sustained profits. Methodology: Data were collected based on the Audit Reports of the institution during 2012-2014 and a financial and economic analysis was performed in order to establish some indicators of solvability, profitability and financial balance. Findings: It exists a lack of consistency in managing the profits obtained. We can also suggest that should be given a greater interest to the management of their own intangible assets, as brand management, for example. Practical implications: By making known to leaders and managers of this type of institutions that exists a link between participation in international championships and increase of their profitability may encourage them to better managing these cash inputs in order to decrease the dependence of Governmental financing. We also found that the management of their own intangible assets, as brand management, for example, could probably add more positive financial results.

Performance management framework: the fit between PM framework adopted in Portuguese local government and the Otley’s framework

Purpose/objectives: This paper seeks to investigate whether performance management (PM) framework adopted in Portuguese local government (PLG) fit the Otley’s PM framework (1999). In particularly, the research questions are (1) whether PM framework adopted in PLG (SIADAP) fit the Otley´s framework, and (2) how local politicians (aldermen) see the operation of performance management systems (PMS) in PLG (focusing on the goal-setting process and incentive and reward structures). Theoretical positioning/contributions: With this paper we intend to contribute to literature on how the Otley’s PM framework can guide empirical research about the operation of PMS. In particular, the paper contributes to understand the fit between PMS implemented in PLG and the Otley´s PM framework. The analysis of this fit can be a good contribution to understand if PMS are used in PLG as a management tool or as a strategic response to external pressures (based on interviews conducted to aldermen). We believe that the Otley’s PM framework, as well as the extended PM framework presented by Ferreira and Otley (2009), can provide a useful research tool to understand the operation of PMS in PLG. Research method: The first research question is the central issue in this paper and is analyzed based on the main reforms introduced by Portuguese government on PM of public organizations (like municipalities). On the other hand, interviews conducted on three larger Portuguese municipalities (Oporto, Braga, and Matosinhos) show how aldermen see the operation of PMS in PLG, highlighting the goals setting process with targets associated and the existing of incentive and reward structures linked with performance. Findings: Generally we find that formal and regulated PM frameworks in PLG fit the main issues of the Otley’s PM framework. However, regarding the aldermen perceptions about PMS in practice we find a gap between theory and practice, especially regarding difficulties associated with the lack of a culture of goals and targets setting and the lack of incentive and reward structures linked with performance.

Anotação ao Acórdão do Supremo Tribunal de Justiça (Português), de 25 de Janeiro de 2011 - a resolução e o contrato de franquia

is important to draw attention to potential differences between the franchise agreement and agency agreement with regard also to the resolution problem in more general terms or in more concrete terms; 1 - Summary of the Sentence of the Supreme Court of Justice, 25 of January of 2011; 2 - Complete text of the Sentence of the Supreme Court of Justice, 25 of January of 2011, Advising Judge Garcia CALEJO (Reporter), Advising Judge Hélder ROQUE and Advising Juiz Sebastião PÓVOAS: cfr. http://www.dgsi.pt , 21 of April of 2011; 3 - Notation; 3.1 - Introduction to the notation; 3.2 - The question of the resolution in general terms; 3.3 - The question of the resolution in the «atypical contract of franshise»; 4 - Conclusions;

Financial Risk Analysis of Portuguese Textile and Tourism Companies

Textile and tourism sectors are two important industries in the Portuguese economy. However, its high exposure to both internal and international economic volatility make the companies operating in these economic sectors particularly vulnerable to economic crises, such as the ones which have been impacting Portugal and the European Union. The objective of this paper is to evaluate and understand the impact of size and age on the financial health of textile and tourism companies, measured by economic indices. An empirical based model is proposed. Its implications are derived and tested on a sample of 4061 Portuguese companies from textile and tourism sectors, during the period 2005-2009. The findings suggest that age has a major impact on the risk of failure, rather than size. Whereas the effect of age is generally positive regarding the financial health of the company, the effect of size is less clear and ultimately depends on the age of the company.