O princípio da confidencialidade na mediação em matéria civil e comercial

The purpose of the following study is to analyze the relevance of the principle of confidentiality concerning mediation on civil and commercial matters developed in Portugal. We will, essentially, try to determine just how pivotal is this principle and how it affects the effectiveness of that method of alternative dispute resolution. We believe it is fundamental to understand the true extent of this principle and its goals, emphasizing the protection given to those who decide to resort to mediation and its impact on this process. For this dissertation, we have based our analysis on the interpretation of the set rules assembled by Law nr 29/2013, April 19th, while combining it with data gathered from other laws and regulations that had also addressed mediation. Furthermore, given the fact that this subject has been regulated by Directive 2008/52/EC, we deem pertinent to include references to other European mediation regulations, namely from Germany, Spain and France. With this study, we have established that, even though the Portuguese mediation law is based on a European Directive, we have determined a more restrictive regulation for the principle of confidentiality. We have concluded that the rules regarding this principle try to preserve, above all, the trust and honesty established during the course of the mediation, while restricting the possibility of using the information disclosed during these sessions on other cases. Additionally, we believe confidentiality is such a distinctive and relevant feature that its legal framework leads us to deem it as a true obstacle to the parties’ private autonomy and their power to determine how the mediation should be carried out.

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 abolição da dupla incriminação no mandado de detenção europeu

This essay presents the European Arrest Warrant and its relationship with the principle of double criminality, which was abolished in 2002 with the new Framework Decision (FD). This instrument was essential to implement the principle of mutual recognition and strengthen the police and judicial cooperation in criminal matters in the newly created space of freedom, security and justice. It was urgent to create mechanisms to combat cross-border crime, that alone States have struggled to counter. An analysis of the FD No 2002/584/JHA is made. The execution of warrants and the non-mandatory and optional grounds of refusal are studied in detail. As it is the implementation issue. The role of mutual recognition in practice is studied as well. The procedure is to introduce the principle of double criminality, to explain the concept and its abolition, warning for the consequences derived from them, related to the principle of legality and fundamental rights. The analysis of the European Arrest Warrant in practice in Portugal and in comparison with other Member States allows the measurement of the consequences from the abolition of dual criminality and the position of States on this measure. With the abolition of double criminality, the cooperation in judicial and criminal matters departs from what was intended by the European Council of Tampere. And without cooperation, fundamental rights of citizens are unprotected, so the states have to adopt measures to remedy the "failures" of the European Law.

Estratégias de classificação dos arquivos familiares e pessoais contemporâneos: o exemplo do arquivo da família Benito Maçãs

A presente dissertação aborda a problemática teórica e metodológica da classificação de arquivos familiares e pessoais. Centrando-se no arquivo da família Benito Maçãs, produzido entre o final do século XVIII e o início do século XXI, são analisadas algumas das tendências recentes da classificação destes arquivos, sobretudo as que demonstram a sobrevalorização do enfoque orgânico e informativo. Através da caraterização das circunstâncias de produção e utilização do referido fundo, do aprofundamento dos principais conceitos operatórios subjacentes à classificação arquivística, bem como da análise de modelos classificativos teóricos e práticos, este estudo procura compreender as metodologias para a contextualização de arquivos familiares e pessoais. Os resultados demonstram a inexequibilidade da aplicação normalizada de modelos teóricos ou de critérios pré-definidos na contextualização de arquivos familiares e pessoais. Revelam, ainda, que as metodologias para a observação dos contextos não devem sobrepor-se à realidade documental, nem às especificidades da entidade produtora.

O governo da justiça : o Conselho Superior da Magistratura

O Conselho Superior da Magistratura (CSM), enquanto instituição de governo do poder judicial, desempenha um papel central na democracia portuguesa. Estudado maioritariamente sob a perspectiva jurídica, este Conselho, tal como todo o sistema de justiça, reclama hoje um olhar atento da ciência política. Nesta Dissertação principia-se com um estudo comparativo entra as diferentes soluções de governo da justiça europeias. Procurando isolar variáveis foram analisados os sistemas de Espanha, França, Alemanha e Inglaterra. Seguidamente, e tendo em conta o momento crítico da transição para a democracia, analisa-­se o lugar do CSM na constituição daí resultante, acompanhando a sua evolução até aos dias de hoje. Finalmente, procede-­se à caraterização prosopográfica da elite de juízas e juízes que ocuparam os lugares do CSM ao longo destes 40 anos. Os resultados obtidos no estudo comparado, vêm confirmar que estando garantida a liberdade individual de cada juíza ou juiz no ato de julgar, a forma de governo da justiça parece definitivamente configurar um campo em aberto. Mais do que um modelo ideal, estes órgãos são o resultado de autênticas complementaridades institucionais. A análise histórica demonstra que no poder judicial, a transição decorreu de forma pacífica e consensual, traduzindo-se num ganho progressivo de autonomia externa da magistratura ao longo destes 40 anos. O estudo da elite judicial pertencente ao CSM veio revelar uma uniformidade com poucas variações. Neste momento, os membros do conselho privilegiam o princípio da independência, verificando-­se uma certa desconfiança entre o poder político e o poder judicial.

Asking why

The growth of a solid, knowledge-intensive firm, OutSystems—an IT company recognized in 2003 by Fortune magazine as one of the most promising start-ups in the world—is accompanied by efforts to create a strong culture that preserves the traits that have driven OutSystems’ success and that drives innovation, adaptability, high performance, and accountability. The lessons OutSystems learned from previous international experiences are presented along with its latest growth model of branded local partners. The case study is intended to introduce concepts related to organizational culture, traits of cultures that drive innovation, national versus organizational culture, and the challenges of globalization. It is designed to be used in Organizational Behavior classes and is appropriate for MBA- and Master’s-level courses in the area of management. It is suggested as a guideline for 60- to 90-minute classes. Participants are invited to discuss the importance of organizational cultures and their fit with the company strategy. Participants are also encouraged to brainstorm about the best approach to face OutSystems’ new stage of growth, specifically the advantages and consequences of growing as a metanational company. Finally, in the conclusion, the most relevant findings taken from the discussions proposed are revisited: The importance of an organizational culture adapted to the market needs and the potential of innovation behind metanational companies. Other considerations are made about: how the case illustrates the importance of leadership, group age, and group size in the process of building a culture; and how OutSystems’ culture solves the apparent contradiction behind adaptable culture.

Comprehensive comparison of a current-source and a voltage-source converter for three-phase EV fast battery chargers

This paper presents a comprehensive comparison of a current-source converter and a voltage-source converter for three-phase electric vehicle (EV) fast battery chargers. Taking into account that the current-source converter (CSC) is a natural buck-type converter, the output voltage can assume a wide range of values, which varies between zero and the maximum instantaneous value of the power grid phase-to-phase voltage. On the other hand, taking into account that the voltage-source converter (VSC) is a natural boost-type converter, the output voltage is always greater than the maximum instantaneous value of the power grid phase-to-phase voltage, and consequently, it is necessary to use a dc-dc buck-type converter for applications as EV fast battery chargers. Along the paper is described in detail the principle of operation of both the CSC and the VSC for EV fast chargers, as well as the main equations of the power theory and current control strategies. The comparison between both converters is mainly established in terms of the total harmonic distortion of the grid current and the estimated efficiency for a range of operation between 10 kW and 50 kW.

A novel architecture of a bidirectional bridgeless interleaved converter for EV battery chargers

This paper presents a novel architecture of a bidirectional bridgeless interleaved converter for battery chargers of electric vehicles (EVs). The proposed converter is composed by two power stages: an ac-dc converter that is used to interface the power grid and the dc-link, and a dc-dc converter that is used to interface the dc-link and the batteries. The ac-dc converter is an interleaved bridgeless bidirectional boost-type converter and the dc-dc converter is a bidirectional buck-boost-type converter. The proposed converter works with sinusoidal grid current and with high power factor for all operating power levels, and in both grid-to-vehicle (G2V) and vehicle-to-grid (V2G) operation modes. In the paper is described in detail the proposed converter for EV battery chargers: the circuit topology, the principle of operation, the power control theory, and the current control strategy. Several simulation results for both G2V and V2G operation modes are presented.

A novel concept of unidirectional bridgeless combined boost-buck converter for EV battery chargers

This paper presents a novel concept of unidirectional bridgeless combined boost-buck converter for electric vehicles (EVs) battery chargers. The proposed converter is composed by two power stages: an ac-dc front-end converter used to interface the power grid and the dc-link, and a dc-dc back-end converter used to interface the dc-link and the batteries. The ac-dc converter is a bridgeless boost-type converter and the dc-dc converter is an interleaved buck-type converter. The proposed converter operates with sinusoidal grid current and unitary power factor for all operating power levels. Along the paper is described in detail the proposed converter for EV battery chargers: the circuit topology, the different stages describing the principle of operation, the power control theory, and the current control strategy, for both converters. Along the paper are presented several simulation results for a maximum power of 3.5 kW.

Non emergency patients transport - a mixed integer linear programming

This work presents a model and a heuristic to solve the non-emergency patients transport (NEPT) service issues given the new rules recently established in Portugal. The model follows the same principle of the Team Orienteering Problem by selecting the patients to be included in the routes attending the maximum reduction in costs when compared with individual transportation. This model establishes the best sets of patients to be transported together. The model was implemented in AMPL and a compact formulation was solved using NEOS Server. A heuristic procedure based on iteratively solving problems with one vehicle was presented, and this heuristic provides good results in terms of accuracy and computation time.

The non-emergency patient transport modelled as a team orienteering problem

This work presents an improved model to solve the non-emergency patients transport (NEPT) service issues given the new rules recently established in Portugal. The model follows the same principle of the Team Orienteering Problem by selecting the patients to be included in the routes attending the maximum reduction in costs when compared with individual transportation. This model establishes the best sets of patients to be transported together. The model was implemented in AMPL and a compact formulation was solved using NEOS Server. A heuristic procedure based on iteratively solving Orienteering Problems is presented, and this heuristic provides good results in terms of accuracy and computation time. Euclidean instances as well as asymmetric real data gathered from Google maps were used, and the model has a promising performance mainly with asymmetric cost matrices.

Operacionalização do processo de raciocínio no estudo para o desenvolvimento técnico do violino

Relatório de estágio de mestrado em Ensino de Música

Analysis of output properties of the Peroxiredoxin/Thioredoxin/Thioredoxin reductase system

Dissertação de mestrado em Bioinformática

Improving quality of medical service with mobile health software

An increasing number of m-Health applications are being developed benefiting health service delivery. In this paper, a new methodology based on the principle of calm computing applied to diagnostic and therapeutic procedure reporting is proposed. A mobile application was designed for the physicians of one of the Portuguese major hospitals, which takes advantage of a multi-agent interoperability platform, the Agency for the Integration, Diffusion and Archive (AIDA). This application allows the visualization of inpatients and outpatients medical reports in a quicker and safer manner, in addition to offer a remote access to information. This project shows the advantages in the use of mobile software in a medical environment but the first step is always to build or use an interoperability platform, flexible, adaptable and pervasive. The platform offers a comprehensive set of services that restricts the development of mobile software almost exclusively to the mobile user interface design. The technology was tested and assessed in a real context by intensivists.