Criminal Liability of Organizations, Corporations, Legal Persons, and Similar Entities on Law of Portuguese Cybercrime: A Brief Discussion on the Issue of Crimes of “False Information,” the “Damage on Other Programs or Computer Data,” the “Computer-Software Sabotage,” the “Illegitimate Access,” the “Unlawful Interception,” and “Illegitimate Reproduction of the Protected Program”

Abstract: in Portugal, and in much of the legal systems of Europe, «legal persons» are likely to be criminally responsibilities also for cybercrimes. Like for example the following crimes: «false information»; «damage on other programs or computer data»; «computer-software sabotage»; «illegitimate access»; «unlawful interception» and «illegitimate reproduction of protected program». However, in Portugal, have many exceptions. Exceptions to the «question of criminal liability» of «legal persons». Some «legal persons» can not be blamed for cybercrime. The legislature did not leave! These «legal persons» are v.g. the following («public entities»): legal persons under public law, which include the public business entities; entities utilities, regardless of ownership; or other legal persons exercising public powers. In other words, and again as an example, a Portuguese public university or a private concessionaire of a public service in Portugal, can not commit (in Portugal) any one of cybercrime pointed. Fair? Unfair. All laws should provide that all legal persons can commit cybercrimes. PS: resumo do artigo em inglês.

«Corruption» and social and economic criminal law: criminology, criminal policy, political science and law&economics - a new idea about criminal liability of legal entities

Abstract: If we think there is a significant number of legal offshore in the globalized world, then there is not even a global consensus about what «corruption» is. The «illegal corruption» in a country may be legal in another. Moreover, the great global corruption is above the law or above democratic States. And not all democratic States are «Rule of Law». Therefore, the solution is global earlier in time and space law, democratic, free and true law. While the human being does not reach a consensus of what «corruption» really is, the discussion will not go further than a caricature. One of the other problems about «corruption» is that it is very difficult to establish the imputation of crimes, including «corruption» (v.g. Portugal) on some «companies», corporations. We have a juridical problem in the composition of the art. 11. of the Portuguese Penal Code.

NOVA ANOTAÇÃO SINTÉTICA, NUMA PERSPECTIVA DE DIREITO PÚBLICO, AINDA AO ACÓRDÃO 212/95, DO TRIBUNAL CONSTITUCIONAL (PORTUGUÊS), DE 20.04.1995 - O DEVER FUNDAMENTAL DE EXISTIR NA LEI EM VIGOR UMA RESPONSABILIDADE CRIMINAL DAS "PESSOAS COLECTIVAS" (OU "PESSOAS JURÍDICAS") E A CONSTITUIÇÃO DA REPÚBLICA PORTUGUESA, V.G. O CASO DO ART. 7º DO REGIME GERAL DAS INFRACÇÕES TRIBUTÁRIAS E DO ART. 3.º DO REGIME DAS INFRACÇÕES ANTIECONÓMICAS E CONTRA A SAÚDE PÚBLICA

Resumo: 1 – Sumário do Acórdão do Tribunal Constitucional n.º 212/1995, de 20 de Abril; 2 – Parte principal do Acórdão do Tribunal Constitucional n.º 212/1995, de 20 de Abril: cfr. http://www.tribunalconstitucional.pt/tc/acordaos/19950212.html , 18 de Maio de 2012; 3 – Anotação sintética; 3.1 – Introdução à anotação sintética e suas características neste caso concreto; 4 – O RIAECSP (Regime das Infracções Anti-Económicas e Contra a Saúde Pública) e a responsabilidade criminal das pessoas colectivas e equiparadas, prevista no seu art. 3.º; 5 – Societas delinquere non potest?; 6 – Breves traços históricos do brocardo societas delinquere non potest; 7 - Alguns dos marcos relevantes na Doutrina penal portuguesa recente acerca da responsabilidade penal das organizações, entes colectivos, pessoas colectivas, pessoas jurídicas; 8 - Os art.os 12.º/2 e 2.º da CRP e a Responsabilidade Criminal dos Entes Colectivos, pessoas jurídicas; 9 - O art. 29.º/5 da CRP - ou o princípio non bis in idem - e a responsabilidade criminal das organizações, dos entes colectivos, das pessoas colectivas; 10 – Conclusões. § Summary: 1 - Summary Judgment of the Constitutional Court No. 212/1995 of 20 April; 2 - The main part of the Constitutional Court Ruling No. 212/1995 of 20 April: cfr. http://www.tribunalconstitucional.pt/tc/acordaos/19950212.html, May 18, 2012; 3 - short annotation; 3.1 - Introduction to synthetic note and its features in this particular case; 4 - The RIAECSP (Status of Anti-Economic Offences and Against Public Health) and the criminal liability of companies and similar persons, provided for in his art. 3; 5 - delinquere Societas non potest ?; 6 - Brief historical traces of societas aphorism delinquere non potest; 7 - Some of the important milestones in recent Portuguese criminal Doctrine about the criminal liability of organizations, public entities, legal persons, legal entities; 8 - art.os 12/2 and 2 of CRP and Criminal Responsibility of loved Collective, legal entities; 9 - Art. 29/5 CRP - or the principle of non bis in idem - and the criminal liability of organizations, collective entities, of legal persons; 10 - Conclusions.

O Sistema de Contabilidade de Custos nos Municípios Portugueses: o impulso do enquadramento legal

O Sistema de Contabilidade de Custos (SCC) tem-se revelado um instrumento fundamental no apoio ao processo de tomada de decisão de qualquer organização, seja pública ou privada, podendo constituir um factor crítico de sucesso. Também nas autarquias locais, onde o ambiente é cada vez mais competitivo, o acesso a informação útil e oportuna em contexto de decisão torna-se essencial para uma gestão mais moderna e eficiente. Acompanhando o contexto de reforma vivido na Administração Pública em geral, os municípios Portugueses têm sido pressionados no sentido de aumentar a transparência e a accountability perante a sociedade e os eleitores, bem como os níveis de eficácia e de eficiência. É em prol destes objectivos que se tem defendido a introdução da Contabilidade de Custos na gestão autárquica.

Diagnostic leaf to evaluate the nutritional status of Jatropha

ABSTRACT The analytical determination of nutrient levels in recently mature leaves in order to diagnose nutritional status is based on the fact that leaves are metabolically active and more sensitive to variation in nutrients of the soil. In most of cases, there is a direct well known between foliar content and the development and yield of the plant. However, for a more accurate interpretation, it is essential to establish the index leaf. There are few published studies about Jatropha with contrasting results. In order to establish the index leaf, in adult plants, the macronutrient levels were evaluated in samples collected in experimental plots, in which doses of nitrogen and phosphorus were applied, in two parts of the floral branches (in the top and in the middle thirds); and in three positions of leaves of the floral branch (between the 1st and 3rd, 6th and 8th, and 13th and 15th leaves below the inflorescence). The location of the leaf on the plant significantly affects nutrient contents. Nitrogen, phosphorus, potassium and sulfur tend to have higher concentration in young tissues. Calcium and magnesium showed higher levels in the basal leaves of floral branches. Samples collected in the top third of plants (between the 6th and 15th leaves of the floral branch) are more sensitive to variations of nitrogen and phosphorus fertilization. Therefore, we indicate the 6th to 15th leaves of the top third plants as index leaves estimate nutritional status of Jatropha.

CAUSE-FIT, POSITIVE ATTITUDES AND BEHAVIORS WITHIN HYBRID COLOMBIAN ORGANIZATIONS

ABSTRACTSocially oriented ventures have provided livelihoods and social recognition to disadvantaged communities in different corners of the world. In some cases, these ventures are the result of Corporate Social Responsibility (CSR) programs. In Latin America, this type of undertaking has responded positively to unmet social needs. The social cause drives these organizations and their human resources and they give high value to organizational cause-fit. This paper presents empirical evidence of the effects of perceived cause-fit on several worker attitudes and behaviors. Psychological contract theory was adopted as theoretical background. Employees working in a hybrid (for-profit/socially oriented) Colombian organization created by a CSR program participated in the survey. Data provided by 218 employees were analyzed using PLS structural equation modeling. The results suggest the ideological components of the employee-employer relationship predict positive attitudes and cooperative organizational behaviors towards hybrid organizations.

Índice de status sócio-econômico da família da mulher grávida que freqüenta o Centro de Saúde Geraldo de Paula Souza da Faculdade de Saúde Pública da Universidade de São Paulo

A partir de uma modificação do esquema teórico de Max Weber, aplicado ao estudo do fenômeno da estratificação social, procurou-se a base conceptual para a elaboração de um índice de status sócio-econômico familiar. Selecionados os indicadores ocupação, renda e educação, consagrados pela literatura sociológica, os pesos respectivos foram obtidos através de um critério estatístico (correlação de cada variável com o "score" total). Cada status familiar, representado por um "score" total, encontra-se referido a um estrato no sistema de estratificação considerado.

Nutritional status of children, inmates of a small institution for homeless children in the capital of the State of S. Paulo, Brazil

Nutritional surveys (food consumption, clinical and biochemichal) were conducted in a small institution for homeless children. Results showed that only 30% of the children presented adequate calorie intake. Most of the children presented adequate protein intake, but almost half consumed less than 2/3 of the calcium RDA considered necessary. Food handling, processing, and distribution also proved inadequate and wastage, high. Skinfold measurement showed up one case of obesity. Furthermore, most of the children presented clinical signs of vitamin A deficiency, mostly skin lesions; while about half presented clinical signs of riboflavin deficiency. Biochemical data showed that 63.6% had deficient plasma levels of vitamin A, none showed abnormal results for riboflavin excretion, four showed packed blood cell volume below normal, and all had normal hemoglobin levels. Stool examinations revealed a high rate of pathogenic protozoa (Hymenolepis nana), in fact, one of the highest in Brazilian literature.

Multi-attribute classification of housing conservation status in urban regeneration actions

Urban regeneration is more and more a “universal issue” and a crucial factor in the new trends of urban planning. It is no longer only an area of study and research; it became part of new urban and housing policies. Urban regeneration involves complex decisions as a consequence of the multiple dimensions of the problems that include special technical requirements, safety concerns, socio-economic, environmental, aesthetic, and political impacts, among others. This multi-dimensional nature of urban regeneration projects and their large capital investments justify the development and use of state-of-the-art decision support methodologies to assist decision makers. This research focuses on the development of a multi-attribute approach for the evaluation of building conservation status in urban regeneration projects, thus supporting decision makers in their analysis of the problem and in the definition of strategies and priorities of intervention. The methods presented can be embedded into a Geographical Information System for visualization of results. A real-world case study was used to test the methodology, whose results are also presented.

Nutritional status of children of urban low-income communities, Brazil (1986)

During the second half of 1986 the health and nutritional status of 254 children aged up to six years was studied, as well as the socio-economic situation of their parents in two favelas (shantytowns) in Belo Horizonte, Brazil. The nutritional status of the children was characterized by stunting (Z-score: 20.1% < -2) but not by wasting (Z-score: 3.7% < -2). Consideration was also given to how far stunting was caused by high morbidity such as acute respiratory infections (point prevalence: 38.5%), diarrheal diseases (point prevalence: 11.5%) and parasitosis (point prevalence: 70.3%). Furthermore, anemia (point prevalence: 29.7%) appeared as another health problem. The most important determinant of anthropometric indices turned out to be the mother's schooling. From the present data it can be hypothesized that the nutritional status of the children was limited less by the lack of food than by their poor health status.

Geographical stratification by socio-economic status: methodology from a household survey with elderly people in S. Paulo, Brazil

Considering that in most developing countries there are still no comprehensive lists of addresses for a given geographical area, there has always been a problem in drawing samples from the community, ensuring randomisation in the selection of the subjects. This article discusses the geographical stratification by socio-economic status used to draw a multistage random sample from a community-based elderly population living in a city like S. Paulo - Brazil. Particular attention is given to the fact that the proportion of elderly people in the total population of a certain area appeared to be a good discriminatory variable for such stratification. The validity of the stratification method is analysed in the light of the socio-economic results obtained in the survey.

A hybrid PSO-ANFIS approach for short-term wind power prediction in Portugal

The increased integration of wind power into the electric grid, as nowadays occurs in Portugal, poses new challenges due to its intermittency and volatility. Wind power prediction plays a key role in tackling these challenges. The contribution of this paper is to propose a new hybrid approach, combining particle swarm optimization and adaptive-network-based fuzzy inference system, for short-term wind power prediction in Portugal. Significant improvements regarding forecasting accuracy are attainable using the proposed approach, in comparison with the results obtained with five other approaches.

Poverty levels and children's health status: study of risk factors in an urban population of low socioeconomic level

To test the hypothesis that the low socioeconomic population living is shanty towns in Porto Alegre presents different levels of poverty which are reflected on its health status, a cross-sectional study was designed involving 477 families living in Vila Grande Cruzeiro, Porto Alegre, Brazil. The poverty level of the families was measured by using an instrument specifically designed for poor urban populations. Children from families living in extreme poverty (poorest quartile) were found to have higher infant mortality rate, lower birth weights, more hospitalizations, and higher malnutrition rates, in addition to belonging to more numerous families. Thus, the shanty town population of Porto Alegre is not homogeneous, and priority should be given to the more vulnerable subgroups.

A hybrid approach to multi-agent decision-making

In the aftermath of a large-scale disaster, agents' decisions derive from self-interested (e.g. survival), common-good (e.g. victims' rescue) and teamwork (e.g. fire extinction) motivations. However, current decision-theoretic models are either purely individual or purely collective and find it difficult to deal with motivational attitudes; on the other hand, mental-state based models find it difficult to deal with uncertainty. We propose a hybrid, CvI-JI, approach that combines: i) collective 'versus' individual (CvI) decisions, founded on the Markov decision process (MDP) quantitative evaluation of joint-actions, and ii)joint-intentions (JI) formulation of teamwork, founded on the belief-desire-intention (BDI) architecture of general mental-state based reasoning. The CvI-JI evaluation explores the performance's improvement