O sigilo bancário e a fraude fiscal

Tax evasion and fraud threaten the economic and social objectives of modern tax systems, precluding the state funding for the satisfaction of collective needs and the fair distribution of wealth, being a violation of basic principles and values of our society. In tax law, to give tax administration the necessary powers to supervise and control the information provided by taxpayers and combat tax evasion and fraud, over the last years the grounds for a derogation of bank secrecy without judicial authorization have been extended, which raises some constitutional compatibility issues. Similarly, this tendency of making this legal regime more flexible and increasing automatic exchange of information has been followed by the European Union and the international community. Banking secrecy, as a professional secrecy, is an instrument to protect the right to privacy but also appears as an anti-abuse and repressive mechanism of evasive and fraudulent behaviors. Because of the conflict of interests will always be necessary to make a practical agreement between them, ensuring the legality and the due guarantees of the taxpayers but also an effective way to combat tax evasion and fraud. Bank secrecy cannot be one method to, behind the right to privacy, taxpayers practice illegal activities. But the practice of these irregular conducts also does not justify a total annihilation of the right to banking secrecy, uncovering all documents and bank information’s. Although considering the legislative changes, the administrative derogation of bank secrecy will always be what the tax administration does of it.

A discriminação em função da idade no direito do trabalho

In this thesis, we will treat the discrimination based on age, more specifically of older workers. In recent years, there was an increasing interest on the part of doctrine and jurisprudence on this subject. In fact, in a world in which you live a real economic crisis, older workers tend to have difficulties finding jobs or are targets of the discrimination based on age, at the time of hiring or during the contract. Thus, we will focus on discrimination. We will examine, first, the difference between direct and indirect discrimination, taking into account the importance of the burden of proof, then we will study the figures of positive action measures. Then, treat the legislative framework of the discrimination based on age, that is, in relation to the Labor Code and the Directive 2000/78/EC of November 27, 2000. Eventually, we will determine the cases in which they may accept the discrimination based on age. In fact, these differences in treatment based on age are justified, but must be aimed at a legitimate objective with appropriate and necessary means.

As apostas desportivas online associadas à combinação de resultados

The present dissertation is aimed at finding out whether the existing criminal protection of the sports ethics value is sufficient, regarding the dangers arising from the global online sports betting market and its characteristics. In the first chapter, the main issue will be introduced: the association between online sports bets and competition manipulations from a criminal point of view. In the second chapter, online sports bets will be defined, the characteristics of the referred global market explained and the danger said features bear to the manipulation of sports competitions exposed – also analysing the participants in this phenomenon. In chapter 3, it will be shown that the protection of sports ethics is a matter of public interest and that this interest is carried out by the sports federations as well. In the fourth chapter, the focus will be the criminal protection of sports ethics: its necessity based on the penal dignity of this system of sport associated values; the need to re-evaluate the existing protection due to the recognition of the existence of the online sports betting market; the existing criminal norms regarding the manipulation of sports competitions. Finally, in chapter 5, the intent will be to propose solutions to the identified problems concerning the sufficiency of the existing criminal legislation.

The role of the intelligence service in preventing and combating transnational terrorism

Outrora dominado por ameaças provenientes de Estados-nação, o cenário global actual, dominado por uma rápida mudança de poderes que nos apresenta uma interacção complexa entre múltiplos actores, onde inimigos desconhecidos, anteriormente bem identificados, é actualmente controlado por grupos terroristas bem preparados e bem organizados. Hezbollah é reconhecido como um dos grupos terroristas mais capazes, com uma extensa rede fora do Líbano dedicada a tráfico de droga, armas e seres humanos, tal como o branqueamento de capitais para financiar o terrorismo, representando um grande foco de instabilidade à segurança. Como instrumento de Estado, os serviços de informações detêm a capacidade de estar na linha da frente na prevenção e combate ao terrorismo. Todavia, para compreender este fenómeno é necessário analisar os actores desta ameaça. À luz desta conjuntura, esta dissertação está dividida em três capítulos principais que visam responder às seguintes questões fundamentais: O que é o terrorismo? Como opera um grupo terrorista transnacional? Será que os serviços de informações têm as ferramentas necessárias para prevenir e combater estas ameaças?

Raptos, sequestros e tomada de reféns

In this thesis we address the paradigms and inconsistencies involving crisis kidnappings and hostage-taking. This work particularly focuses on foreign hostages seized by terrorists and guerrilla movements. It highlights major global events that have contributed to the collective awareness of the phenomenon and the evolution of international agreements and protocols. We focus on the episodes involving Portugal or Portuguese abroad, particularly on the kidnapping of Portuguese in the Cabinda enclave. It also deals with the problems associated with the payment of ransoms, the increasing involvement of private agents in addressing these crises, and incongruities in the motivations of the kidnappers.

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.

Arbitragem de consumo no direito brasileiro

This dissertation analyzes how the current Constitution and the Brazilian law establish consumer protection, arbitration and access to justice. Following we try to demonstrate why arbitration is a method rarely used in the resolution of consumer disputes in Brazil. It also examines the doctrinal and jurisprudential aspects of the conflict between the Brazilian Arbitration Law (Law nº. 9.307/96), which allows the arbitration clause in contracts of adhesion, and the Consumer Protection Code (Law nº 8.078/90) that in article 51, VII, considers as abusive the arbitration clause. Furthermore, analyzes new proposed bills under scrutiny by the National Congress on the issue and identifies the causes, in the Brazilian legal system, hampering the use of arbitration in consumer relations. Concludes that there are no principle obstacles preventing consumer litigations to be settled by arbitration. High costs, mistrust, oppression, misinformation of consumers and non-participation of the State, being a totally private institute, are factors that generate distrust, suspicion, and have prevented the development of arbitration in consumer relations in Brazil.

O direito de exoneração do acionista minoritário

This study specifically addresses the situation of minority shareholders after the transfer of control in an listed company. The various underlying interests and reasons that shareholders have for investing in a company can demonstrate shareholders’ reasoning for taking radically different positions on issues relating to the transfer of control of the referred company. This study analyses the current legal system in Portugal and in the European Union in order to assess whether, in the event of a takeover bid of a listed company where there is a transfer of control, minority shareholders have the same appraisal rights as other shareholders to sell their shares and leave the company. The study then examines the European Court of Justice decision on whether a general principle of equal treatment of minority shareholders exists upon a transfer of control (Audiolux) and the Portuguese Securities Market Commission decision regarding the delisting of Brisa - Autoestradas de Portugal, S.A. based on the principle of investor protection. The study concludes that although the principle of equality amongst shareholders has made progress in the European legal system e.g. it is laid down in Directive 2004/25/EC of 21 April 2004 on takeover bids and the Portuguese Securities Market Code, there is also a need for further improvement, which can be accomplished by allowing minority shareholders to exercise an appraisal right in similar unregulated situations.

A indústria de defesa na cooperação Brasil-Portugal

The global dynamics of alliances are strongly determined by the level of cooperation among states. This cooperation can be embodied in various aspects, but the level of defense and security cooperation becomes usually more doctrinal and lasting. By the nature of sovereignty that instills in the bilateral relationship, cooperation at defense and security level can leverages other forms of cooperation. The circumstances and relational balance between Brazil and Portugal seem to evolve towards distancing opportunities, despite they are culturally and institutionally untainted. The economic dynamics, the strategic projection in global sustainability terms, the scale and ambition of Brazilian regional leadership, contrasts with the actual context of Portugal, distancing himself both on the stage where they operate. On the other hand, the historical and cultural roots, the language, the affinity of the peoples of CPLP and some opportunities for economic niches, trend to attract both countries. The condition of Portugal in NATO and Europe, coupled with the ability to export technical and human resources to value-added for Brazil, seems also to become approaching factors. On the balance of these dynamics, there is a set of exogenous factors (economic, external global relations matrix, regional stability, among others), which are not always controlled by any of both countries. These factors call for strong capacity for foresight analysis and decision making, with the inherent risk. There is cooperation vectors that are not apparently penalized by geographic distance, or by the difference of realities. Among these vectors we shall highlight synergies in technological niches, highly tradable goods and, mostly, using the domain of dual technologies. The thirteen niches herein identified are: Monitoring, Navigation, Command and Control, Electronics, Optoelectronics, Communication and remote sensing, Information Technologies, Flight Simulation, Specialized Training, Fiber Optic Sensors, Materials Engineering, Nanotechnology and Communications. Cumulating with identified opportunities in traditional relational framework, both countries are growing (in geography and economic terms) into the Atlantic, making it a central element in the bilateral approach. By being at the same time a growing stage of disputes and which stability tends to be threatened, it will be done an analysis of these synergistic vectors, superimposed on the impact on Atlantic securitization process.

Fatores de risco no patrolhamento da GNR em ambiente operacional

In the mid-twentieth century, Portugal took the first big step towards social awareness of the Safety and Health at Work. Still later, the International Labour Organization and the World Health Organization were responsible for setting global guidelines that clarified the States for the way forward in inguito of safeguarding the common interests of workers, businesses and the state. All workers should be covered by the rules governing matters relating to Safety, imperative requirements established in the Constitution of the Portuguese Republic. These also include those soldiers from National Guard who, in contemporary social conjecture face in their everyday life situations worthy of heightened risk aquidade. Ensure the identification of risk factors to which they are exposed, is, first, a big boost in the way of preserving the safety of these employees, who daily selflessly and under the most adverse working conditions fulfill the mission of the Guarda Nacional Republicana. Adverse weather conditions, and violence at work are two examples of risk factors to which the military Guard are daily exposed, and hence arise many days of absence from the workplace. The purpose of this study is to identify the main risk factors to which the military from GNR are exposed during dismounted patrols, and also provide solutions on ways to mitigate and manage the risks presented. The cognitive distance traveled, throughout this study led us to demonstrate that it has been done by the GNR chain of Command, a huge effort to ensure through various forms (including emphasize the new Regulation of Uniforms), the resolution of the main factors that may jeopardize the integrity of the patrolmen, betting this Institution in the protection of the military that compose it, and the prevention of accidents at work through training and systematic monitoring that superiors expend with its employees.

The global shopper & brands communication at airports

This project aims to illuminate two perspectives on travel retail. On the one hand, it describes the main character of the shopping scenario at airports, namely the Global Shopper. It covers the entire profile of the referred character, the main nationalities that represent him and the current shopping trends of the passenger. Also estimates of the booming nationalities and the future purchasing trends are accurately presented. On the other hand, the travel retail market is analyzed from the airport brands’ perspective. It is described what is currently done in terms of brands communication in the top ten airports around the world and the expected future market retail trends. To accurately explore the Global Shopper behavior and purchasing preferences, a market research was conducted with a sample of 128 respondents, male and female, from different nationalities, age groups, occupation and education backgrounds. The essay tests hypothesis regarding the relevance of several variables in the purchasing process of the Global Shopper in order to understand the most pleasant way to approach consumers in travel retail. The main variables studied concern the reasons to shop at airports, to whom the passenger shops, the preferred category and brand of purchase, feelings while shopping abroad, impulsive buying behavior, brand loyalty, the use of mobile devices in the shopping process, brands communication at airports, pre-ordering online and the attitude towards self-service stores. Some findings were in accordance with expectations, while others were a surprise and may produce valuable recommendations for future travel retail practices. 4 The main relevant results concern two areas, namely pre-ordering online and self-service stores. Results showed a certain stress about not having enough time to choose between the various offerings in travel retail, as well as difficulty in dealing with crowed stores. However, pre-ordering online was not common, which would be an initiative that could solve the discomfort at airport’s stores. Moreover, self-service would promote efficiency in stores allowing passengers to save time if they already know how to go through the shopping process by themselves. Another possible recommendation concerns differentiating the strategy in travel retail for the two genders. Some differences were found in the categories bought by male and female, as well as to how brands should shape their approach concerning the demands of each gender.