940 resultados para Legal research
Resumo:
In an increasingly globalized society, the crime appears as a reality that crosses borders. Globalization has potentiated the emergence of new forms of crime, which have been the subject of more interventional, particularly in terms of political, judicial and police authorities as well as civil society approaches. The media allow rapid expansion of criminal methodologies, which aggregate to the ease of movement of itinerant criminal groups, increases the opportunities for the continuation of the practice of criminal offenses, threatening, increasingly, the tranquility and safety of populations. Criminal organizations are characterized by their complexity, thus contributing to the difficulty in combat, by police and judicial authorities, forcing rapid adaptation to new political and criminal reality, particularly at the level of institutional cooperation, national and international, as exemplified by the creation of the "European Area of Freedom, Security and Justice" and new agencies in the field of police cooperation. It was intended with this paper to answer the central question: Is it possible to define a concept of Itinerant Crime in the European regulatory framework (Police and Judiciary)? To fulfill this aim, we performed the characterization of the concept of itinerant crime including itinerant criminal group, we analyzed the work that is being done by the authorities, police and judiciary, in order to contain the phenomenon. Finally, we studied type of existing cooperation at European level between the Member States and the authorities with responsibilities in this area. At the end, we conclude that efforts are being made towards the enhancement of operational, police and judicial cooperation, between the competent authorities of the European Union by combating this phenomenon. Define, and also proposed, a unique concept of Itinerant Crime, in order to be included in the legal standards, in order to facilitate research, in particular to better fit the itinerant crime and assist the prosecution of offenders.
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The present work offers a brief historical and evolutionary introduction to the legal basis of the Portuguese Republic Intelligence System (SIRP) which comprises two services – the Security Intelligence Service (SIS) and the Defence Strategic Intelligence Service (SIED) – and two entities responsible for its oversight – the Supervisory Body (CFSIRP) and the Data Monitoring Committee (CFD), also responsible for supervising the Military Intelligence and Security Centre (CISMIL) of the General Staff of the Armed Forces (EMGFA). The initial narrative subsequently leads us to a detailed analysis of the Portuguese Intelligence services' current model of monitoring, as well as of the legislator’s options, namely in the legal drafting field, used within the construction and definition of the legal structure that currently regulates the Portuguese Republic Intelligence System. For the purposes of this study we have broadly examined different models of the European Union, in particular those of Belgium, the Netherlands and Croatia. We have also transposed to the text the valuable contributions collected during the research phase, more precisely the replies to questionnaires and interviews conducted with certain individuals selected according to their knowledge and affinity with the subject of this study, including members and former members of the Supervisory Body and former directors of the three portuguese intelligence services. The present dissertation intends to contribute to the development of this subject, promoting critical analysis, within and beyond the academia, with the aim that some of its reflections might be useful towards the intelligence system’s future reform, particularly in what concerns intelligence services monitoring.
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The study now presented a research study aimed at the exercise of security activity of the prison guard corps (CGP) in the specific context of the prison system (SP). The study also focused on the phenomenon of globalization and its influence on the current panorama of world crime and their relationship with the prison security object of study was the security activity of the CGP on the current inmate population, as well as the typology of crimes inherent to it and that requires the interpretation of the amendment to the correctional paradigm. In the preparation of the study we have tried to identify the legal framework of the profession based on the main laws and decree-laws governing the institution DGRSP and CGP's career. The difficulties and constraints were analyzed the performance of the security function of the CGP, resulting from the infrastructure, the interaction with the inmates and the need of assigning the status of Criminal Police (OPC). Really connected the relevant importance of OPC so the Corporation can establish a cooperation interaction and sharing of information with different security forces. We noted the importance of the CGP being OPC status before the framework for its action in work situations, specifically, on gatehouses, prison wings, area, and high-complexity operations such as escorts and riot control interventions.The explanation of this study enabled us to assess the importance of the actions of a police officer of the elements of the CGP for maintaining internal security. The analyses and studies were complemented by twenty years of career and exercise of the activity of the master's degree, during which time he served as guard and head of the CGP, the intervention Group and Prison Security, the Lisbon Prison, Prison, Prison of Caxias, Sintra and Monsanto.
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Neurological disorders are a major concern in modern societies, with increasing prevalence mainly related with the higher life expectancy. Most of the current available therapeutic options can only control and ameliorate the patients’ symptoms, often be-coming refractory over time. Therapeutic breakthroughs and advances have been hampered by the lack of accurate central nervous system (CNS) models. The develop-ment of these models allows the study of the disease onset/progression mechanisms and the preclinical evaluation of novel therapeutics. This has traditionally relied on genetically engineered animal models that often diverge considerably from the human phenotype (developmentally, anatomically and physiologically) and 2D in vitro cell models, which fail to recapitulate the characteristics of the target tissue (cell-cell and cell-matrix interactions, cell polarity). The in vitro recapitulation of CNS phenotypic and functional features requires the implementation of advanced culture strategies that enable to mimic the in vivo struc-tural and molecular complexity. Models based on differentiation of human neural stem cells (hNSC) in 3D cultures have great potential as complementary tools in preclinical research, bridging the gap between human clinical studies and animal models. This thesis aimed at the development of novel human 3D in vitro CNS models by integrat-ing agitation-based culture systems and a wide array of characterization tools. Neural differentiation of hNSC as 3D neurospheres was explored in Chapter 2. Here, it was demonstrated that human midbrain-derived neural progenitor cells from fetal origin (hmNPC) can generate complex tissue-like structures containing functional dopaminergic neurons, as well as astrocytes and oligodendrocytes. Chapter 3 focused on the development of cellular characterization assays for cell aggregates based on light-sheet fluorescence imaging systems, which resulted in increased spatial resolu-tion both for fixed samples or live imaging. The applicability of the developed human 3D cell model for preclinical research was explored in Chapter 4, evaluating the poten-tial of a viral vector candidate for gene therapy. The efficacy and safety of helper-dependent CAV-2 (hd-CAV-2) for gene delivery in human neurons was evaluated, demonstrating increased neuronal tropism, efficient transgene expression and minimal toxicity. The potential of human 3D in vitro CNS models to mimic brain functions was further addressed in Chapter 5. Exploring the use of 13C-labeled substrates and Nucle-ar Magnetic Resonance (NMR) spectroscopy tools, neural metabolic signatures were evaluated showing lineage-specific metabolic specialization and establishment of neu-ron-astrocytic shuttles upon differentiation. Chapter 6 focused on transferring the knowledge and strategies described in the previous chapters for the implementation of a scalable and robust process for the 3D differentiation of hNSC derived from human induced pluripotent stem cells (hiPSC). Here, software-controlled perfusion stirred-tank bioreactors were used as technological system to sustain cell aggregation and dif-ferentiation. The work developed in this thesis provides practical and versatile new in vitro ap-proaches to model the human brain. Furthermore, the culture strategies described herein can be further extended to other sources of neural phenotypes, including pa-tient-derived hiPSC. The combination of this 3D culture strategy with the implemented characterization methods represents a powerful complementary tool applicable in the drug discovery, toxicology and disease modeling.
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The following report aims to present the internship developed under the Master in Legal Sciences Business in the Legal Affairs management of Caixa Geral de Depósitos S.A. Activities were developed in the field of Banking Law, focusing on the Special Revitalization Process. The aim of these activities was to promote the construction of a study that, apart from its doctrinal and jurisprudential research, also excels in the practical adequacy of the regime lectured. The revitalizing effectiveness of the Special Revitalization Process is erected in the Article 17-E, nº 1, which establishes a series of procedural – stand still effects - which aim to allow the debtor "breathing space", ie, a period during which creditors are prevented from setting up "actions for debt collection" against him, suspending the pending actions with identical purposes. Therefore, this report essentially studies these effects, considering "actions in debt collection" executive actions that are intended to recover a debt of any kind, including anticipatory precautionary procedures of an action of this nature. In addition, it is necessary to set boundaries temporally and subjectively to the standstill period, understanding that this period should be extended beyond the legally established period, in order to preserve the ratio of the process, concretely, until the recovery plan effects. In turn, we understand that the standstill effects only apply to the established material in connection with the debtor, remaining the rights of creditors unaffected over the ones of the guarantors and debtors.
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The purpose of the present work is to analyse and provide kixikila legal framework under Angolan law. Kixikila, despite being a legally atypical agreement, is a socially typical contract, governed essentially by the practices and customs in Angola and concluded throughout the country. With the above purpose in mind, this thesis is structured in five chapters: the first one aims at better understanding its features and, therefore, it describes the kixikila in accordance with oral research, direct observation and the contributions of scholars that have examined this matter. The second chapter aims at qualifying the kixikila as a legal transaction. For this purpose, we have analysed its requirements, formation stages, content and form, characteristics, rights and obligations of the parties, effects and compliance. We have also covered the reasons that explain why this type of agreement shall be legally protected in line with the protection conferred upon other legal agreements, taking into account its economic and social function. The third chapter covers the vicissitudes which may occur during the term of the kixikila agreement, as well as the enforcement mechanisms in face of breach and its termination. The fourth chapter aims at qualifying this agreement by comparing its most relevant characteristics with those of typical agreements, with a view to determining its legal nature based upon the similarity with other contractual types. This chapter further makes a comparative synthesis between the contracts in analysis. The fifth chapter analyses the legal nature and legal framework applicable to kixikila taking into account mixed-purpose contracts and sui generis contracts. We conclude that practices and customs in Angola take precedence as regards kixikila. Lastly, we attach additional information, such as excerpts of interviews with some individuals intervening in kixikila, the functional structure of kixikila and examples of kixikila, as well as demonstrative lists of countries where this type of agreement takes place and the obligations arising therefrom.
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In the context of the activity developed by securities investment funds (hereinafter referred to “SIF”) the holders of investment units have a very tiny power to intervene. Aware of the risks that a decoupling between ownership and control may pose, the legislator has foreseen a number of impositions and limitations to the activity of the managing entities, namely to prevent or prohibit the performance of acts in situations of potential conflicts of interests. Accordingly, the purpose of the dissertation on – “Os diferentes níveis de regulação legal dos conflitos de interesses no âmbito da gestão de FIM” – is exactly to determine the field of application of the several levels of legal regulation of the conflicts of interests that arise within the scope of the management of SIF, both at the level of the new legal requirements governing collective investment undertakings, and at the level of the legal requirements governing the conflicts of interests foreseen in the Portuguese Securities Code, in order to clarify the articulation of these different levels of conflicts of interests regulations.
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Crowdfunding, as we know it today, is a very recent activity that was born almost accidentally in the end of the 90’s decade. Due to the advent of the internet and the social networks, entrepreneurs are now able to promote their projects to a very large community. Whether it is composed by family, friends, acquaintances or simply people that are interested in the same topic or share the passion, the community is able to fund new ventures by individually investing modest amounts of money. In return, the entrepreneur can offer symbolic rewards, shares or other financial returns. New crowdfunding platforms are born almost every day all over the world, offering a new way of raising capital for their projects or a new way to invest their money in innovative ventures. Although crowdfunding is still finding its place in the financial services, successful cases such as Kickstarter demonstrate the power of the crowd in boosting creativity and productivity, financing thousands of projects by raising millions of dollars from thousands of investors. Due to regulatory restrictions, the most prominent model for now is reward-based crowdfunding, where the investors are prized with symbolic returns or privileged access to the products or services offered by the entrepreneurs. Other models such as peer-to-peer lending are also surging, allowing borrowers access to capital at a lower cost compared to so-called traditional financial institutions, and offering lenders a higher rate of return. But when it comes to offering shares to investors, i.e. using equity-based crowdfunding, entrepreneurs face regulatory obstacles in almost every country, where legislation was passed decades ago with the objective of promoting financially-capable ventures and protecting investors. Access to capital has become more difficult after the global economic recession of 2008, and for most countries it will not get easier in the near future, leaving start-ups and small enterprises with few options to start or expand their operations. In this study we attempt to answer the following research questions: how has equity-based crowdfunding evolved since its creation? Where and how has equity-based crowdfunding been implemented so far? What are the constraints and opportunities for implementing equity-crowdfunding in the world, and more particularly in Portugal? Finally, we will discuss the risks of crowdfunding and reflect on the future of this industry.
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Este trabalho de investigação visa estudar e compreender a responsabilidade social de três bibliotecas públicas da margem sul do Tejo, analisando de que forma estas contribuem para o desenvolvimento de cidadãos civicamente mais ativos. Neste sentido, determina-se que modelo de responsabilidade social aplicam, que meios utilizam para incentivar o envolvimento cívico e que parcerias estabelecem. O método de recolha de dados utilizado foi a entrevista, tendo esta sido realizada aos responsáveis de cada bibliotecas em análise. Os resultados evidenciam que não existe uma política formal de responsabilidade social, mas sim ações que se assemelham a modelos práticos de RS que se classificam nas Teorias Integrativas. Relativamente às iniciativas desenvolvidas pelas bibliotecas públicas para a promoção da cidadania, estas vão de encontro ao Manifesto da IFLA/UNESCO para as Bibliotecas Públicas, podendo dizer-se que as suas ações se encontram confinadas à responsabilidade legal da organização. As bibliotecas identificam os seus stakeholders, mas é necessário que estes possuam um papel mais ativo no desenvolvimento de iniciativas que respondam às suas expetativas e necessidades. Efetuam-se cinco recomendações para melhorar o desempenho das bibliotecas públicas no domínio da responsabilidade social e da cidadania: implementar políticas de responsabilidade social; respeitar os interesses dos stakeholders; apostar na formação em responsabilidade social; investir na aprendizagem ao longo da vida; e inovar, no sentido de desenvolver atividades que vão além do cumprimento do Manifesto da IFLA/UNESCO para as Bibliotecas Públicas.
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This thesis is a case study on Corporate Governance and Business Ethics, using the Portuguese Corporate Law as a general setting. The thesis was conducted in Portugal with illustrations on past cases under the Business Judgment Rule of the State of Delaware, U.SA along with illustrations on current cases in Portugal under the Portuguese Judicial setting, along with a comparative analysis between both. A debate is being considered among scholars and executives; a debate on best practices within corporate governance and corporate law, associated with recent discoveries of unlawful investments that lead to the bankruptcy of leading institutions and an aggravation of the crisis in Portugal. The study aimed at learning possible reasons and causes for the current situation of the country’s corporations along with attempts to discover the best way to move forward. From the interviews and analysis conducted, this paper concluded that the corporate governance structure and legal frameworks in Portugal were not the sole influencers behind the actions and decisions of Corporate Executives, nor were they the main triggers for the recent corporate mishaps. But it is rather a combination of different factors that played a significant role, such as cultural and ethical aspects, individual personalities, and others all of which created gray areas beyond the legal structure, which in turn accelerated and aggravated the corporate governance crisis in the country.
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Dissertação de mestrado em Direito dos Negócios, Europeu e Transnacional
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COST Action TU 1404
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This study aims to develop an innovative carbon fibre reinforced polymer (CFRP) laminate with a U configuration to address strengthening interventions, where the increment of both flexural and shear capacity of reinforced concrete (RC) elements is required. This strengthening solution combines the near surface mounted (NSM) and embedded through section (ETS) techniques in the same application, since these techniques have already evidenced high performance on flexural and shear strengthening of RC beams using FRP systems, respectively. In fact, the proposed hybrid technique aims to mobilize the advantages provided by these two strengthening techniques by using an innovative CFRP laminate. The strengthening efficacy of this new hybrid NSM/ETS technique was numerically assessed and compared to the corresponding efficiency of NSM and ETS techniques applied separately for the flexural and shear strengthening of RC beams, respectively. The numerical models are described and the main relevant results are presented and discussed.
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High performance fiber reinforced concrete (HPFRC) is developing rapidly to a modern structural material with unique rheological and mechanical characteristics. Despite applying several methodologies to achieve self15 compacting requirements, some doubts still remain regarding the most convenient strategy for developing a HPFRC. In the present study, an innovative mix design method is proposed for the development of high17 performance concrete reinforced with a relatively high dosage of steel fibers. The material properties of the developed concrete are assessed, and the concrete structural behavior is characterized under compressive, flexural and shear loading. This study better clarifies the significant contribution of fibers for shear resistance of concrete elements. This paper further discusses a FEM-based simulation, aiming to address the possibility of calibrating the constitutive model parameters related to fracture modes I and II.
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The present paper deals with the experimental assessment of the effectiveness of steel fibre reinforcement in terms of punching resistance of centrically loaded flat slabs, and to the development of an analytical model capable of predicting the punching behaviour of this type of structures. For this purpose, eight slabs of 2550 x 2550 x 150 mm3 dimensions were tested up to failure, by investigating the influence of the content of steel fibres (0, 60, 75 and 90 kg/m3) and concrete strength class (50 and 70 MPa). Two reference slabs without fibre reinforcement, one for each concrete strength class, and one slab for each fibre content and each strength class compose the experimental program. All slabs were flexurally reinforced with a grid of ribbed steel bars in a percentage to assure punching failure mode for the reference slabs. Hooked ends steel fibres provided the unique shear reinforcement. The results have revealed that steel fibres are very effective in converting brittle punching failure into ductile flexural failure, by increasing both the ultimate load and deflection, as long as adequate fibre reinforcement is assured. An analytical model was developed based on the most recent concepts proposed by the fib Mode Code 2010 for predicting the punching resistance of flat slabs and for the characterization of the behaviour of fibre reinforced concrete. The most refined version of this model was capable of predicting the punching resistance of the tested slabs with excellent accuracy and coefficient of variation of about 5%.