894 resultados para police interrogation


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Orientadora: Doutora Anabela Mesquita Teixeira Sarmento

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O panorama atual da emergência e socorro de primeira linha em Portugal, carateriza-se por uma grande aposta ao longo dos últimos anos num incremento contínuo da qualidade e da eficiência que estes serviços prestam às populações locais. Com vista à prossecução do objetivo de melhoria contínua dos serviços, foram realizados ao longo dos últimos anos investimentos avultados ao nível dos recursos técnicos e ao nível da contratação e formação de recursos humanos altamente qualificados. Atualmente as instituições que prestam socorro e emergência de primeira linha estão bem dotadas ao nível físico e ao nível humano dos recursos necessários para fazerem face aos mais diversos tipos de ocorrências. Contudo, ao nível dos sistemas de informação de apoio à emergência e socorro de primeira linha, verifica-se uma inadequação (e por vezes inexistência) de sistemas informáticos capazes de suportar convenientemente o atual contexto de exigência e complexidade da emergência e socorro. Foi feita ao longo dos últimos anos, uma forte aposta na melhoria dos recursos físicos e dos recursos humanos encarregues da resposta àsemergência de primeira linha, mas descurou-se a área da gestão e análise da informação sobre as ocorrências, assim como, o delinear de possíveis estratégias de prevenção que uma análise sistematizada da informação sobre as ocorrências possibilita. Nas instituições de emergência e socorro de primeira linha em Portugal (bombeiros, proteção civil municipal, PSP, GNR, polícia municipal), prevalecem ainda hoje os sistemas informáticos apenas para o registo das ocorrências à posteriori e a total inexistência de sistemas de registo de informação e de apoio à decisão na alocação de recursos que operem em tempo real. A generalidade dos sistemas informáticos atualmente existentes nas instituições são unicamente de sistemas de backoffice, que não aproveitam a todas as potencialidades da informação operacional neles armazenada. Verificou-se também, que a geo-localização por via informática dos recursos físicos e de pontos de interesse relevantes em situações críticas é inexistente a este nível. Neste contexto, consideramos ser possível e importante alinhar o nível dos sistemas informáticos das instituições encarregues da emergência e socorro de primeira linha, com o nível dos recursos físicos e humanos que já dispõem atualmente. Dado que a emergência e socorro de primeira linha é um domínio claramente elegível para a aplicação de tecnologias provenientes dos domínios da inteligência artificial (nomeadamente sistemas periciais para apoio à decisão) e da geo-localização, decidimos no âmbito desta tese desenvolver um sistema informático capaz de colmatar muitas das lacunas por nós identificadas ao nível dos sistemas informáticos destas instituições. Pretendemos colocar as suas plataformas informáticas num nível similar ao dos seus recursos físicos e humanos. Assim, foram por nós identificadas duas áreas chave onde a implementação de sistemas informáticos adequados às reais necessidades das instituições podem ter um impacto muito proporcionar uma melhor gestão e otimização dos recursos físicos e humanos. As duas áreas chave por nós identificadas são o suporte à decisão na alocação dos recursos físicos e a geolocalização dos recursos físicos, das ocorrências e dos pontos de interesse. Procurando fornecer uma resposta válida e adequada a estas duas necessidades prementes, foi desenvolvido no âmbito desta tese o sistema CRITICAL DECISIONS. O sistema CRITICAL DECISIONS incorpora um conjunto de funcionalidades típicas de um sistema pericial, para o apoio na decisão de alocação de recursos físicos às ocorrências. A inferência automática dos recursos físicos, assenta num conjunto de regra de inferência armazenadas numa base de conhecimento, em constante crescimento e atualização, com base nas respostas bem sucedidas a ocorrências passadas. Para suprimir as carências aos nível da geo-localização dos recursos físicos, das ocorrências e dos pontos de interesse, o sistema CRITICAL DECISIONS incorpora também um conjunto de funcionalidades de geo-localização. Estas permitem a geo-localização de todos os recursos físicos da instituição, a geo-localização dos locais e as áreas das várias ocorrências, assim como, dos vários tipos de pontos de interesse. O sistema CRITICAL DECISIONS visa ainda suprimir um conjunto de outras carências por nós identificadas, ao nível da gestão documental (planos de emergência, plantas dos edifícios) , da comunicação, da partilha de informação entre as instituições de socorro e emergência locais, da contabilização dos tempos de serviço, entre outros. O sistema CRITICAL DECISIONS é o culminar de um esforço colaborativo e contínuo com várias instituições, responsáveis pela emergência e socorro de primeira linha a nível local. Esperamos com o sistema CRITICAL DECISIONS, dotar estas instituições de uma plataforma informática atual, inovadora, evolutiva, com baixos custos de implementação e de operação, capaz de proporcionar melhorias contínuas e significativas ao nível da qualidade da resposta às ocorrências, das capacidades de prevenção e de uma melhor otimização de todos os tipos de recursos que têm ao dispor.

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The nature of the Portuguese transition to democracy and the following state crises (1974-1975) created a ‘window of opportunity’ in which the ‘reaction to the past’ was much stronger than in the other Southern or even of Central and Eastern European transitions. In Portugal, initiatives of symbolic rupture with the past began soon after the April 25, 1974, coup d’état and transitional justice policies assumed mainly three formulas. First, the institutional reforms directed primarily to abusive state institutions such as the political police (PIDE-DGS) and political courts (Plenary courts) in order to dismantle the repressive apparatus and prevent further human rights abuses and impunity. Secondly, the criminal prosecutions addressed to perpetrators considered as being the most responsible for repression and abuses. Finally, lustration or political purges (saneamentos, the term used in Portugal to designate political purges) which were, in fact, the most common form of political justice in Portuguese transition to democracy. This paper deals with the peculiarities of transitional justice in Portugal devoting a particular attention to the judicial, a key sector to understand the way the Portuguese dealt with their authoritarian past.

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Over the last fifty years mobility practices have changed dramatically, improving the way travel takes place, the time it takes but also on matters like road safety and prevention. High mortality caused by high accident levels has reached untenable levels. But the research into road mortality stayed limited to comparative statistical exercises which go no further than defining accident types. In terms of sharing information and mapping accidents, little progress has been mad, aside from the normal publication of figures, either through simplistic tables or web pages. With considerable technological advances on geographical information technologies, research and development stayed rather static with only a few good examples on dynamic mapping. The use of Global Positioning System (GPS) devices as normal equipments on automobile industry resulted in a more dynamic mobility patterns but also with higher degrees of uncertainty on road traffic. This paper describes a road accident georeferencing project for the Lisbon District involving fatalities and serious injuries during 2007. In the initial phase, individual information summaries were compiled giving information on accidents and its majour characteristics, collected by the security forces: the Public Safety Police Force (Polícia de Segurança Pública - PSP) and the National Guard (Guarda Nacional Republicana - GNR). The Google Earth platform was used to georeference the information in order to inform the public and the authorities of the accident locations, the nature of the location, and the causes and consequences of the accidents. This paper also gives future insights about augmented reality technologies, considered crucial to advances to road safety and prevention studies. At the end, this exercise could be considered a success because of numerous consequences, as for stakeholders who decide what to do but also for the public awareness to the problem of road mortality.

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Management Information Systems 2000, p. 103-111

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The questioning of fictional identities is central in both texts. Their structure illustrates the Bakhtinian notions of heteroglossia and dialogism and one of their main themes is the structuring and restructuring of social and personal history. Together with the use of irony and humour, the parody of social context, the use of intertextuality and metafiction, the exploration of fragment and of discontinuity, the development of self reflection and the interrogation of the author before the condition of his work, the focusing on the presence of a reader lost in the interpretation of the text, this problematisation of fictional identities places these two novels between the acts of modernism and postmodernism.

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The questioning of fictional identities is central in both texts. Their structure illustrates the Bakhtinian notions of heteroglossia and dialogism and one of their main themes is the structuring and restructuring of social and personal history. Together with the use of irony and humour, the parody of social context, the use of intertextuality and metafiction, the exploration of fragment and of discontinuity, the development of self reflection and the interrogation of the author before the condition of his work, the focusing on the presence of a reader lost in the interpretation of the text, this problematisation of fictional identities places these two novels between the acts of modernism and postmodernism.

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We report the case of a 52-year-old man who presented to our emergency department (ED) after three episodes of syncope in the seven hours before admission. During his stay in the ED he had recurrent ventricular tachycardia (VT) requiring external electrical cardioversion. A 12-lead electrocardiogram (ECG) showed a short QT (SQT) interval (270 ms, QTc 327 ms), with frequent R-on-T extrasystoles triggering sustained polymorphic VT. After exclusion of other precipitating causes, the patient was diagnosed as having SQT syndrome (SQTS) according to the Gollob criteria. To our knowledge, this is the first known documentation of an SQT-caused arrhythmic episode on a 12-lead ECG, as well as the first reported case of SQTS in Portugal. The patient received an implantable cardioverter-defibrillator and was discharged. At a follow-up assessment 14 months later he was symptom-free, interrogation of the device showed no arrhythmic events, and the ECG showed a QT interval of 320 ms (QTc 347 ms).

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In the present thesis, we examine the approach to the so-called “informal conversations”, especially between a suspect or defendant and criminal police authorities. Our goal is to understand if criminal police authorities are allowed to testify about the content of these conversations, revealing facts that the suspect or defendant may have shared with them, as well as about evidence that they may have acquired through these statements. Firstly, we briefly present the notion of “informal conversations” and the great variety of situations they may encompass: intra or extra-procedural; prior or subsequent to someone acquires the status of defendant. Secondly, we analyse some of the principles and rules that are involved in this controversial issue: principles concerning the procedural structure, organization and dynamic; principles concerning the production and assessment of evidence in the trial hearing; principles concerning the prosecution and the powers of criminal police authorities; the procedural status of the defendant; the rules concerning the reading of statements in the trial hearing; the rules concerning hearsay testimonies. Thirdly, we go through the great amount of case law on the so-called “informal conversations” and related matters, analysing the most relevant cases and the arguments that sustain them, as well as the legal literature. Our goal is to understand the evolution, throughout the last two decades, of the different opinions regarding the approach to the various situations in which “informal conversations” may occur and in which the admissibility of a testimony by criminal police authorities is questioned. Finally, we defend a different approach for testimonies by criminal police authorities prior and subsequent to someone acquiring the status of defendant. We see the moment when someone acquires the status of defendant as a border area in the admissibility of “informal conversations”, because from then on the statements have to be collected and assessed according to the law, so all the other conversations (or any other evidence) collected informally are irrelevant. As to the specific case of the testimony about the re-enactment of the crime, given the high degree of difficulty in separating the defendant’s contributions that may be considered essential and those that may be considered less useful, but still relevant, we support the qualification of the defendant’s contributions as inseparable from the re-enactment, allowing it to be replicated and assessed in the trial hearing with no restrictions.

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The conflicts currently taking place around the world demand that the international intervention fits the intensity and extent of the threat. This is particularly important in post-conflict scenarios, leading to a greater participation of the Security Forces in those scenarios, in order to foster lasting peace, enforce the order and improve law enforcement services in those regions. The transition from armed conflict to peacekeeping may entail high risk situations and greater instability periods, so-called “intermediate situations”. Accordingly, in the face of persisting high volatility, a robust response is still required post-conflict. Therefore, it is appropriate to deploy Security Forces with military nature and status, the gendarmeries, which have training and response capabilities similar to Armed Forces in peacekeeping operations. Their double facet as police and military forces enables them to perform police duties in high risk and unsafe environments. In light of these features, the Portuguese gendarmerie, Guarda Nacional Republicana (GNR), is able to carry out tasks in these scenarios, which it has been doing through individual operatives or larger units. This dissertation focuses on the use of Security Forces of military nature in peacekeeping missions, in particular the Portuguese GNR, relying mostly on the inductive approach and using literature research, document analysis, interviews and statistics. After a brief description of international peacekeeping missions, we describe the contribution of Security Forces of a military nature in such operations. Then we introduce and analyse the GNR, focusing on its deployment in different kinds of peacekeeping operations, from its first participation in 1995 until today. We also report some reactions to the performance of GNR. Finally, we discuss whether there is indeed a unique role for this type of forces in international peacekeeping missions.

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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.

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Currently, Portugal assumes itself as a democratic rule of substantive law State, sustained by a legal system seeking the right balance between the guarantee of fundamental rights and freedoms constitutional foreseen in Portugal’s Fundamental Law and criminal persecution. The architecture of the penal code lies with, roughly speaking, a accusatory basic structure, “deliberately attached to one of the most remarkable achievements of the civilizational democratic progress, and by obedience to the constitutional commandment”, in balance with the official investigation principle, valid both for the purpose of prosecution and trial. Regarding the principle of non self-incrimination - nemo tenetur se ipsum accusare, briefly defined as the defendant’s right of not being obliged to contribute to the self-incrimination, it should be stressed that there isn’t an explicit consecration in the Portuguese Constitution, being commonly accepted in an implicit constitutional prediction and deriving from other constitutional rights and principles, first and foremost, the meaning and scope of the concept of democratic rule of Law State, embedded in the Fundamental Law, and in the guidelines of the constitutional principles of human person dignity, freedom of action and the presumption of innocence. In any case, about the (in) applicability of the principle of the prohibition of self-incrimination to the Criminal Police Bodies in the trial hearing in Court, and sharing an idea of Guedes Valente, the truth is that the exercise of criminal action must tread a transparent path and non-compliant with methods to obtain evidence that violate the law, the public order or in violation of democratic principles and loyalty (Guedes Valente, 2013, p. 484). Within the framework of the penal process relating to the trial, which is assumed as the true phase of the process, the witness represents a relevant figure for the administration of criminal justice, for the testimonial proof is, in the idea of Othmar Jauernig, the worst proof of evidence, but also being the most frequent (Jauernig, 1998, p. 289). As coadjutant of the Public Prosecutor and, in specific cases, the investigating judge, the Criminal Police Bodies are invested with high responsibility, being "the arms and eyes of Judicial Authorities in pursuing the criminal investigation..." which has as ultimate goal the fulfillment of the Law pursuing the defense of society" (Guedes Valente, 2013, p. 485). It is in this context and as a witness that, throughout operational career, the Criminal Police Bodies are required to be at the trial hearing and clarify the Court with its view about the facts relating to occurrences of criminal context, thus contributing very significantly and, in some cases, decisively for the proper administration of the portuguese criminal justice. With regards to the intervention of Criminal Police Bodies in the trial hearing in Court, it’s important that they pay attention to a set of standards concerning the preparation of the testimony, the very provision of the testimony and, also, to its conclusion. Be emphasized that these guidelines may become crucial for the quality of the police testimony at the trial hearing, thus leading to an improvement of the enforcement of justice system. In this vein, while preparing the testimony, the Criminal Police Bodies must present itself in court with proper clothing, to read before and carefully the case files, to debate the facts being judged with other Criminal Police Bodies and prepare potential questions. Later, while giving his testimony during the trial, the Criminal Police Bodies must, summing up, to take the oath in a convincing manner, to feel comfortable, to start well by convincingly answering the first question, keep an attitude of serenity, to adopt an attitude of collaboration, to avoid the reading of documents, to demonstrate deference and seriousness before the judicial operators, to use simple and objective language, to adopt a fluent speech, to use nonverbal language correctly, to avoid spontaneity responding only to what is asked, to report only the truth, to avoid hesitations and contradictions, to be impartial and to maintain eye contact with the judge. Finally, at the conclusion of the testimony, the Criminal Police Bodies should rise in a smooth manner, avoiding to show relief, resentment or satisfaction, leaving a credible and professional image and, without much formality, requesting the judge permission to leave the courtroom. As final note, it’s important to stress that "The intervention of the Police Criminal Bodies in the trial hearing in Court” encloses itself on a theme of crucial importance not only for members of the Police and Security Forces, who must welcome this subject with the utmost seriousness and professionalism, but also for the proper administration of the criminal justice system in Portugal.

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This master dissertation is to bring a contribution to the reflection on the need to strengthen cross-border cooperation, among the various entities applying the law with a view to building a European security culture through police training. On this basis, it proposes a reflection on the new security paradigm, focused on the demanding and informed security needs by the citizen due to an increasingly transnational crime throughout the different States. This development, coupled with globalization itself, led to the definition of strategies to gear the work of the police in preventing and combating new criminal phenomena such as the European Internal Security Strategy. However, without a true safety culture, which fosters trust among the various actors and ensures a coordinated and uniform action of the police, it will not be easy to achieve the desired effectiveness in protecting the fundamental rights that underpin European integration. Against this background, attempts to explain that the implementation of a common European training program for the police (LETS) is the way forward, with a view to a more effective security in the Union, based on values that embody a genuine European security culture, coveted by all, based on an idea of governance held at different levels of intervention, European, regional and national levels.

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Cooperation between police forces is a topic that is increasingly relevant. The emergence of new threats, as well as looking for new ways to fight crime, require from the, careful monitoring and strict sharing of all relevant information. This Work is entitled “The GNR and cooperation between Criminal Police Bodies in the Risk Society. Case Study: District of Lisbon” and aims to study the cooperation and coordination between police forces in Lisbon district, and verify if there is an parallel between the rule of law and the police procedures. The work is organized in four chapters. The first consists in a theoretical framework to perceive the context and objectives of this work. The second addresses the role of the, the different types of cooperation and instruments that promote cooperation between them. The third presents and analyzes the results. Finally, the fourth and last chapter the conclusions are woven answered the questions derived and starting question, tested hypotheses, and those limitations and future recommendations. In conclusion, the District of Lisbon, there is cooperation, materialized in a constant exchange of information, based on personal and informal relationship between the elements of the various Police Forces.

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The Portuguese Intelligence Services have their operational skills limited due to the grievances caused by the Dictatorship and, in particular, by its political police. With the help of historical elements, and by analyzing current legislation, we demonstrate that such grievances are today unjustified and misplaced, mainly taking into account the Risk Society’s multifaceted threats. Also part of our analysis is the impugnment of the Constitutional Court’s decision nº 413/2015, which pronounced unconstitutional the norm contained in Decree nº 426/XII, of the Republic’s Assembly, article nº 78, nº2, which intended to allow Intelligence Services access to the so-called “metadata”, as well as to tax and banking information. It is our understanding, and we demonstrate it in our dissertation, that should be allowed the access of, not only the above mentioned information, but also the means known as communications interception and undercover operations to the Intelligence Services, as long as properly supervised and inspected.