A tutela preventiva da responsabilidade civil

The contemporary society is characterized by high risks. Today, the prevention of damages is as important as compensation. This is due to the fact that the potentiality of several damages is not in line with compensation, because often compensation proves to be impossible. Civil law should be at the service of the citizens, which explains that the heart of the institution of non-contractual liability has gradually moved towards the victim's protection. It is requested from Tort law an active attitude that seeks to avoid damages, reducing its dimension and frequency. The imputation by risk proves to be necessary and useful in the present context as it demonstrates the ability to model behaviors, functioning as a warning for agents engaged in hazardous activities. Economically, it seeks to prevent socially inefficient behaviors. Strict liability assumes notorious importance as a deterrent and in the dispersion of damage by society. The paradigm of the imputation founded on fault has proved insufficient for the effective protection of the interests of the citizens, particularly if based in an anachronistic vision of the concept of fault. Prevention arises in several areas, especially in environmental liability, producer liability and liability based on infringement of copyright and rights relating to the personality. To overcome the damage as the gauge for compensation does not inevitably mean the recognition of the punitive approach. Prevention should not be confused with reactive/punitive objectives. The deterrence of unlawful conduct is not subordinated to punishment.

Análise da relação entre intensidade da actividade física realiada com a sensação subjectiva de esforço na população com idade igual ou superior a 75 anos

RESUMO: Objectivo: O objectivo geral do estudo é analisar a relação entre intensidade da actividade física (AF) realizada pela população idosa com 75 anos ou mais, com a respectiva sensação subjectiva de esforço (SSE). Introdução: Em Portugal, e de acordo o Instituto Nacional de Estatística, em 2011 cerca de 19% da população tem mais de 65 anos. Em 2050, as estimativas apontam que esta percentagem seja de 25%, ou seja, um quarto do país. O envelhecimento propicía um declínio físico e funcional, e para o retardar estão recomendados 150 minutos por semana de AF moderada. A forma como tem sido avaliada a AF tem por base um pressuposto de comparação com valores de gasto energético de uma população com uma média de 40 anos. É fundamental a realização de estudos que analisem a associação entre o nível de intensidade de AF com a SSE, para aferir se esta comparação é transponível para esta faixa etária. Metodologia: Trata-se de um estudo observacional analítico transversal, com uma amostra constituída por 39 participantes, com uma mediana 77,0 anos de idade (percentil 25: 76,0; percentil 75: 80,0), sendo a mínima 75 e a máxima 86 anos. As variáveis são a SSE e a intensidade de cada actividade realizada. O protocolo de avaliação foi constituído pelo questionário de caracterização sóciodemográfica, Diário de AF e a Escala de Borg RPE 6-20. Resultados: Existe uma associação negativa significativa entre a idade e o gasto energético total (rs = -0,365, p=0,022) e uma associação negativa, moderada e significativa entre a idade e a SSE reportada média (rs = -0,521, p=0,001) e máxima (rs = -0,465, p=0,003). Observou-se uma associação positiva e significativa entre a SSE máxima diária e o tempo total dedicado a actividades físicas (r=0,367 e p=0,022) e o gasto energético total (r=0,569, p<0,001). Verificou-se igualmente que quanto maior o gasto energético total diário, maior a média da SSE (r=0,411; p=0,009). Existe uma concordância moderada e significativa (Kappa=0,475; p<0,001) entre a sensação reportada pelo participante e a classificação atribuída em cada actividade pelo Compêndio de Actividades Físicas (Ainsworth et al, 1993). No entanto, com uma tendência para a subestimação dos MET’s atribuídos a cada actividade Conclusão: Os resultados do estudo sugerem que existe uma associação positiva e significativa entre intensidade da AF realizada e a SSE, aquando da realização da mesma actividade. Apesar desta associação ser moderada, este estudo sugere que a classificação que o Compêndio utiliza não é directamente aplicável à população idosa com 75 anos ou mais.-------------ABSTRACT: Purpose: The overall objective of the study is to analyze the relationship between intensity of physical activity performed by the elderly population with 75 years or more with their subjective feeling of effort. Background: In Portugal, according with data from Instituto Português de Estatística, in 2011 aproximately 19% of the population has more than 65 years old. In 2050, estimates suggest that this percentage will be 25%, which means a quarter of the country. The way in which physical activity has been evaluated is based on a comparing assumption with values of energy expenditure in a population with an average of 40 years. It is critical to conduct studies to examine the association between the level of intensity of physical activity with the subjective feeling of effort, to assess whether this comparison is applied to this age group. Methods: This is a cross sectional observational study with a sample of 39 participants, with a median age of 77.0 years (25th percentile: 76.0; 75th percentile: 80.0), with the minimum age 75 years and maximum age 86 years. The variables are the subjective feeling of physical effort and intensity of each activity. It was applied one protocol evaluation consisting of a questionnaire of sociodemographic characteristics, A journal of physical activities and Borg RPE 6-20 scale. Results: There is a significant negative association between age and total energy expenditure (rs = -0.365, p = 0.022) and a negative, moderate and significant association between age and average (rs = -0.521, p = 0.001) and maximum subjective feeling of exertion reported (rs = -0.465, p = 0.003). There was a significant positive association between the subjective feeling of daily maximum effort and total time spent on physical activity (r = 0.367 and p = 0.022) and total energy expenditure (r = 0.569, p <0.001). It was also found that the higher the total daily energy expenditure, the higher the average of the subjective sense of effort (r = 0.411, p = 0.009). There is a moderate and significant correlation (kappa = 0.475, p <0.001) between the sensation reported by the participant and the rank assigned to each activity by Compendium of Physical Activities (Ainsworth et al, 1993). However, there is a tendency to over-estimate the subjective feeling of effort, or underestimation of METs assigned to each activity Conclusion: Study results suggest a positive and significant association between the level of intensity of physical activity and the subjective feeling of exertion, within the same activity. Even though this association is moderated, this study suggests that the Compendium of Physical Activities rating doesn’t suit for individuals with 75 years old or more.

Ethical leadership and unethical pro-organizational behavior: A moderated mediation model of affective commitment and authenticity at work

Recently, unethical conduct in the workplace has been a focus of literature and media. Unethical pro-organizational behavior (UPB) refers to unethical conduct that employees engage in to benefit the organization. Given the complexity of UPB, there is an increasing need to understand how and under what conditions this attitude originates within organizations. Based on a sample of 167 employees and seven organizations, results support the moderated mediation model. An ethical leader increases employees’ organizational affective commitment which increases the likelihood to engage in UPB. However, the indirect relationship diminishes when employees feel authentic at work.

Leadership in Angola and Mozambique: How Portuguese leaders overcome the human resources challenge and contribute to organizational success

This Work Project presents human resources as one of the major challenges that Portuguese leaders meet in Angola and Mozambique. The main goal is to understand the role of leaders in translating this challenge into benefits for their own business and the African society. To conduct this study 13 leaders who work in Portugal and Africa were interviewed. Then, a framework was constructed based on the two ways these leaders recognize the importance of their employees for sustainable growth – financial incentives or/and personal development. The main conclusion here is that individually, incentives and personal development are not effective methods. Because of this, an employee empowerment process is proposed that encloses both, along with the leaders’ personal qualities needed to implement that “ideal” process.

Molecular characterization of Candida spp. isolates from patients with bloodstream infections

Introduction The aim of this study was to conduct an epidemiological study comparing the genetic similarity of yeasts isolated from blood cultures. Methods Random amplification of polymorphic DNA (RAPD) techniques were used for the Candida samples obtained from patients at the Hospital Universitário da Universidade Federal do Mato Grosso do Sul (HU/UFMS) in Campo Grande, state of Mato Grosso do Sul, Brazil, from 1998-2000. Results The most frequently isolated species was Candida albicans (45.8%). DNA amplification from genomic yeast isolates indicated a genetic similarity of over 90%. Conclusions The RAPD profiles obtained were able to differentiate between the isolated Candida species, thereby suggesting that the method might be useful in epidemiological studies.

Infância roubada – Ciclo vítima-agressor

Dissertação de Mestrado apresentada ao ISPA - Instituto Universitário

Sobrecarga no cuidar e suas repercussões nos cuidadores de pacientes em fim de vida : Revisão sistemática da literatura

Cuidar de um familiar com doença avançada e/ou em fim de vida pode representar uma grande sobrecarga emocional, física e financeira que afeta a qualidade de vida dos cuidadores. O presente estudo teve como objetivo realizar uma revisão sistemática da literatura sobre a sobrecarga no cuidar, os fatores relacionados e suas consequências nos cuidadores de pacientes com câncer avançado em fim de vida ou em cuidados paliativos. Foi realizada uma busca de artigos científicos publicados nas bases de dados EBSCO, Web of Knowledge e Bireme, desde os primeiros registros nas respectivas bases de dados sobre o tema até março de 2014. Dos 582 artigos encontrados, apenas 27 foram selecionados. A maioria dos artigos afirma que os cuidadores familiares estão sobrecarregados. Em alguns estudos, a sobrecarga no cuidar aparece associada a características do paciente e da sua doença; em outros, a um pior estado de saúde do cuidador, a uma maior sintomatologia psicopatológica (ansiedade, depressão, distress emocional) e também ao desenvolvimento de complicações no luto. Porém, a esperança, o apoio social, a capacidade do cuidador de atribuir um significado à experiência de cuidar e se sentir confortável com as tarefas de cuidar foram associados a menores níveis de sobrecarga.

Proxy statement proposals after the 2008 financial crash

In traumatic financial times, both shareholders and the media promptly blame companies for lack of decent corporate governance mechanisms. Proxy statement proposals have increasingly been used by the more active shareholders as to vindicate managers to correct anomalies and restore financial markets’ confidence. I examine the proposals of the largest companies in the S&P 500 index after the Lehmann Brothers crash and their effect on stock prices. Proposals initiated by shareholders negatively impact the company’s stock price, particularly if the proposers are unions, pension funds and institutional investors. Also, I find corporate governance proposals to harm firm’s market performance, unlike compensation and social policy proposals whose effects are intangible. The exception to these disappointing attempts to improve companies’ conduct relies on proposals shared by several investors.

The born global phenomenon- The Portuguese case

The growing significance of companies that conduct international business at or near their funding has been critically challenging previous incremental models of international expansion. This thesis aims to cross-compare, by means of a multiple-case study, eight Portuguese start-ups among themselves and with the theoretical concept of born global firms versus traditional ones. This work project finds that: (1) active entrepreneurs with global vision from inception are essential for the implementation of international strategies; (2) only formal network plays a key role for successful internationalization and (3) inimitable sources of value creation, niche-focused strategies and unique intangible assets are also crucial.

Inovcity- Structure of trials evaluation

In 2007, the UK government commissioned the Energy Demand Research Project to conduct a large scale experiment of smart metering technologies to test the impacts from many different forms of feedback to residential consumers. A full evaluation of the results was completed in 2011. In Portugal, EDP is also conducting smart meter trials in a project called InovCity in the city of Évora whose results will be evaluated during 2012. In this work, the case of Great Britain is studied as a reference on how an evaluation of trial results should be conducted. I also discuss potential limitations of the experiments, implications for national roll-out decisions, and finally draw some lessons that can be applied to the Portuguese case.

Health-related quality of life in patients with Chagas disease: a review of the evidence

Chagas disease (ChD), a neglected tropical disease caused by infection with the parasite Trypanosoma cruzi (T. cruzi), remains a serious public health issue in Latin America and is an emerging disease in several non-endemic countries, where knowledge of the condition and experience with its clinical management are limited. Regionally, the disease is the major cause of disability secondary to tropical diseases in young adults. Health-related quality of life (HRQoL) impairment is common in patients with ChD, especially in those with Chagas dilated cardiomyopathy, the most severe manifestation of the disease, which frequently leads to heart failure. The aim of this review was to conduct a literature search for studies that have evaluated the determining factors of HRQoL in ChD patients. We included cross-sectional, case-control, cohort, and experimental studies, as well as clinical trials that evaluated the HRQoL in ChD patients aged 18 to 60 years and are presenting an explicit description of statistical analysis. Using a combination of keywords based on Descriptors in Health Sciences (DeCS) and Medical Subject Headings (MeSH) for searches in PubMed and the Scientific Electronic Library Online (SciELO), 148 studies were found. After exclusions, 12 studies were selected for analysis. Three main findings were extracted from these studies: 1) cardiac involvement is associated with a worse HRQoL in ChD patients; 2) HRQoL is associated with the patients' functional capacity; and 3) simple and inexpensive therapeutic measures are effective for improving HRQoL in ChD patients. Hence, ChD patients' functional capacity, the effectiveness of non-surgical conservative treatment, and cardiac involvement are important determining factors for the HRQoL in ChD patients.

Snakebites as a largely neglected problem in the Brazilian Amazon: highlights of the epidemiological trends in the State of Amazonas

Envenoming snakebites are thought to be a particularly important threat to public health worldwide, especially in rural areas of tropical and subtropical countries. The true magnitude of the public health threat posed by snakebites is unknown, making it difficult for public health officials to optimize prevention and treatment. The objective of this work was to conduct a systematic review of the literature to gather data on snakebite epidemiology in the Amazon region and describe a case series of snakebites from epidemiological surveillance in the State of Amazonas (1974-2012). Only 11 articles regarding snakebites were found. In the State of Amazonas, information regarding incidents involving snakes is scarce. Historical trends show an increasing number of cases after the second half of the 1980s. Snakebites predominated among adults (20-39 years old; 38%), in the male gender (78.9%) and in those living in rural areas (85.6%). The predominant snake envenomation type was bothropic. The incidence reported by the epidemiological surveillance in the State of Amazonas, reaching up to 200 cases/100,000 inhabitants in some areas, is among the highest annual snakebite incidence rates of any region in the world. The majority of the cases were reported in the rainy season with a case-fatality rate of 0.6%. Snakebite envenomation is a great disease burden in the State of Amazonas, representing a challenge for future investigations, including approaches to estimating incidence under-notification and case-fatality rates as well as the factors related to severity and disabilities.

US fiscal dynamics in political perspective

Given the importance of fiscal balance for ensuring a sustainable fiscal policy, we conduct an empirical examination of fiscal dynamics in the United States in response to unsustainable budget deviations. We concentrate on the role of political factors, namely the Republican - Democrat presidential divide, in determining the fiscal response to budget disequilibria. Making use of an asymmetric cointegration framework, we explore politically motivated fiscal asymmetries in the US, from Eisenhower to Obama. We conclude that political factors such as the government’s political quadrant and the timing of elections are important determinants of the fiscal response to unsustainable budget deviations.

The late adopter scale: A measure of late adopters of technological innovations

Diffusion of Innovation is a topic of interest for researchers and practitioners. Although substantial research is conducted on user categories, researchers often focus on the first half of the curve, ignoring the late adopters. We conduct two studies to measure the attributes of late adopters. In our first study of mobile phone users, we develop the Late-Adopter Scale. We then test it on a sample of laptop users. This scale is multi-dimensional, presents nomological and discriminant validity and has three dimensions: 1) rate of adoption, 2) resistance to innovation, and 3) skepticism. Findings reveal that all three Late Adopter Scale dimensions are significantly associated with low price preference. Moreover, in both samples skepticism is associated with high preference for simple products, lower leading edge status, and lower product involvement. Discussion focuses on implications of this new scale to theory and practice of new product development and diffusion of innovation.

Basel III: The impact of new capital requirements on profitability of Portuguese Banks

This empirical study aims to explore the impact of increased capital ratio requirements, on the ROE of the Portuguese banking sector. The paper employs both a quantitative- and qualitative approach, with the qualitative approach as the main method of research. The method adopted to conduct the qualitative research was semi structured elite interviews with banking executives. Higher capital requirements decrease the ROE of banks in Portugal, but huge impairments charges, macroeconomic factors and increased costs of deposits are clearly the dominant reasons for the reduced levels of ROE the past years. Among the measures taken to increase capital ratios, reduction of RWAs and non-core assets have been the main focus, but the issuance of CoCos is regarded as the most expensive measure due to high interest payments. However, the CoCos will not have any effect on the ROE in the long term. It is difficult to draw any conclusions on the impact of more equity in the balance sheet on the ROE of Portuguese banks, as many banks currently don’t generate enough money to pay back on shareholders´ investments.