O direito de arrependimento nos contratos celebrados à distância e fora do estabelecimento

This dissertation aims to analyze the right of withdrawal and its implications on distance and off-premises contracts, due to the importance of these contracts in our society. Our main goal is, first of all, to explain the meaning and characteristics of both distance and off-premises contracts and the reason why a right of withdrawal is granted. Secondly, we intend to explain all of the relevant aspects related to this right, such as its legal concept and main characteristics, the origin and evolution of the right of withdrawal on both European and Portuguese legislation, its implications in the contracting parties and, finally, a brief analysis of the applicable law. In a nutshell, the right of withdrawal allows the consumer to withdraw from a distance or off-premises contract, unilaterally, without having to indicate any motive to justify the decision, after a cooling-off period of 14 calendar days. In these two types of contracts such right exists due to the reasons or circumstances that lead to the conclusion of the contract.

Relatório de estágio curricular no Julgado de Paz de Lisboa

This project is the result of a four months internship at the “Julgado de Paz de Lisboa” between September and December of 2014. The internship was a necessary requirement for completing the Master’s degree in Law. In the first section we describe all the work developed during the internship and expose the main topic of the thesis. The second section describes the structure of the “Julgados de Paz” as well as its competences and its procedures. We also highlight the main differences between the “Julgados de Paz” and the “Tribunais Judiciais”. In the third section we describe the figure of the lawyer taking a historical perspective as well the most relevant principles for the topic of the thesis. The fourth section analyses the present legislation both at the “Julgados de Paz” as well as the “Tribunais Judiciais” it what respects mandatories of the requirement of a lawyer. In the final section we present our conclusions and our proposals for solving the existing anomalies that arise from the present regime.

O Brasil sob a lente dos Direitos Humanos : análise do conteúdo da lei 10.216/2001

RESUMO: O Brasil em 2001 aprovou a Lei de Saúde Mental, n° 10.216, e vem implantando um conjunto de regulamentações focado na atenção integral à saúde e nos Direitos Humanos. Esta pesquisa descritiva tem como intuito conhecer e identificar o conteúdo desta lei, objetivando analisar a abrangência e adequação desse conteúdo a partir do Checklist da OMS (2005) destinado a assegurar os Direitos Humanos assinados em protocolos internacionais. Para tal, um grupo focal foi constituído com diferentes atores envolvidos com a saúde mental no Brasil, em dois encontros, com até duas horas cada. O grupo realizou um debate sobre o conteúdo da Lei 10.216/01, o Checklist foi o roteiro e norteador dos debates, tendo sido considerado minuciosamente cada ponto de checagem da lei. Ao final, buscou-se uma resposta-consenso do grupo a cada item. Optou-se ainda por observar outros dois dados complementares: os discursos públicos do deputado Paulo Delgado e a as recomendações da IV Conferência Nacional de Saúde Mental. A apreciação dos dados foi conduzida por meio de análise de conteúdo, pela qual foi possível identificar 16 temas (a partir dos 27 itens do Checklist) e organizá-los em quatro categorias de análise: Teórico-Conceitual, Técnico-Assistencial, Jurídico-Político e Sociocultural. Ficou evidente que o conteúdo da Lei, em geral, está adequado por conseguir operar e sustentar boa parte das questões da Saúde Mental no Brasil. O texto em si garante e promove os direitos das pessoas com sofrimento mental. Foi possível identificar recomendações para a gestão federal, movimento social e outros atores, tanto para aplicar e interpretar coerentemente a Lei quanto para qualificar a legislação que se desdobra a partir dela. Ficou evidente a importância da CRPD – Convention on the Rights of Persons with Disabilities, cuja aplicação à saúde mental tem sido pouco debatida no Brasil.-----------------ABSTRACT: In 2001 Brazil approved the Mental Health Law, number 10.216 and has been implanting, a group of regulations focused on the attention to health and Human Rights. This descriptive research intends to get to know and identify the contents of the above mentioned law, in order to analyze its scope and conformity to the OMS’ Checklist (2005) in assuring the Human Rights signed in international protocols. For such a proposition, a focal checking group was formed by different actors involved in mental health in Brazil, in two meetings, during average to two hours each. The group has realized a debate on the contents of the Law 10.216/2001, the Checklist from OMS, was the script and the north for the debates considering each check point of the law. At the end, a consensual group answer was given to each of the items on the checklist. Decided to observe two other complementary data: the public speeches by Deputy Paulo Delgado and the recommendations of the IV National Conference on Mental health. The Data appreciation, conducted through the analysis of the contents: it was possible to identify 17 themes (based on the 27 items on the Checklist) and organize them into four categories: Theoretical-Conceptual, Technical-Assistance, Legal-Politics and Sociocultural. It is clear that generally the law’s content is adequate; it can operate and sustain a big part of the mental health issues in Brazil. The text itself ensures and promotes the rights of the ones with mental disorder. It was possible to identify recommendations for the federal management, social movement and other actors, both to apply and interpret the law consistently as to qualify the legislation that unfolds from it. It was evident the importance of the Convention on the Rights of Persons with Disabilities-CRPD, whose application to mental health have been little debated in Brazil.

Relatório de estágio curricular realizado na Câmara Municipal de Lisboa

The experience of an internship is always considered an experience that should be enriching, a first contact with the employment world. The intention is to build a bridge between the theory and practice - applying what has been learnt throughout the course. Therefore, it was started a new learning phase that seeks to take advantage and obtain experiences useful for a professional life based in efficiency and efficacy. The curricular internship was carried out within the Masters in Public Law and held by Faculdade de Direito da Universidade Nova de Lisboa (FDUNL)(Law School Of University New Of Lisbon) in the Câmara Municipal de Lisboa (CML) (Lisbon's Town Hall), in the Departamento de Política de Solos e Valorização Patrimonial (DPSVP) (Soil Politics and Patrimonial Valuation Department) of the Direção Municipal de Planeamento, Reabilitação e Gestão Urbanística (Municipal Direction of Planning, Rehabilitation and Urban Management) between September and December 2013. Throughout this internship, several activities within the DPSVP were developed. In an early stage, there was a presentation of the organic structure of Lisbon's Town Hall, and the Department where I was going to do the internship, and its competencies. Therefore I acquired key concepts and researched jurisprudence and legislation needed to the analysis and understanding of the activities done in the internship. In a second stage, it was done the analysis and understanding of the division into lots administrative procedures, as well as the solving of the problems occurred throughout that analysis. Besides that, there was the need to help preparing some procedural acts to be applied regarding the Department competencies, namely within the alienation, procurement, encumbrance and rental of immovable assets owned by the Municipality of Lisbon.

A (in)segurança privada em Portugal

Along with the food and the comfort, safety has always been one of the human priorities. In pursuit of this objective, man developed self-preservation mechanisms, went to live in society and created rules to control the community life. In the West and in the late eighteenth century, with the creation of states as we know them today, the monopoly of security, among other powers, has been preserved untouched until the last quarter of this century. With the bankruptcy of the welfare state and the rise of the regulatory state, many of the essential tasks for the community have also been carried out by private companies or institutions, including education, health care and security. Although not easy, education and health care have been more opened to be managed by the private sector. Instead, the privatization of the security sector has seen much more resistance. Still, especially in the West, the states have delegated some of the security competences to private companies. Portugal is no exception to the rule and, after a few years of unregulated activity, in 1982 was published the first law regulating the private security. After the initial stages of development (evolution and maturation), which lasted until the early years of the 2000‘s, the private security now seems to have reached maturity. Today, now with a new legal system, composed by Law no. 34/2013, of 16 may, its regulations and complementary legislation, now private security encompasses other activities and competences - becoming, an increasingly complement to public safety. It has also increased the pre-requisites and control mechanisms for private security companies, and strengthened the rules that limit their scope of activity.

Relatório de estágio na Caixa Geral de Depósitos

This report will describe the activities undertaken during my internship at the Personnel Department (DPE-UPE4.1) in Caixa Geral de Depósitos (CGD), Lisbon, between September 22, 2014, and February 28, 2015. I consider that it is important to note from the outset i) that the subject of my training was suggested by my supervisor in the DPE and accepted by me; and ii) that the internship consisted essentially of carrying out research and information gathering into the different social systems that coexist within the bank and the application of each legal system in solving concrete situations of the CGD employees. The research and analysis of information was important not only for my study but for the CGD itself, as it enables the department to have such an important matter, full of specific characteristics, condensed into a single document, i.e. this report. This is a complex reality. The various welfare systems differ according to the contractual agreement linking the employee to the employer at the date when the labour contract is signed, and also the unique/singular characteristics of the CGD. In the early stage I started by trying to understand the financial institution and its organization and role and the department where I worked. So I analyzed the CGD Statutes and the legal measures that crystallized the scheme for its employees and I also researched its domestic and international operations. The first month was devoted to the research and analysis of such legislation to understand the creation of the CGD and its path to date. In the second and third months I studied the legal social systems that are applied to different groups of CGD workers. This period was quite important to identify and understand the differences between those regimes of CGD employees as well as the procedure inherent in each case. I highlighted the non-implementation of “the social protection regime of convergence” to the workers of this institution; the differences regarding the allocation of sickness subsidies paid to workers who belong to Social Security and CGA contributors, as well as the enforcement of internal rules to all the workers when a work-related accident happens. Then I focused on to assessing and examining external legislation and several internal regulations in order to obtain solutions to questions raised and situations involving by the workers, in order to understand how the DPE solves these situations. Over the last three months of internship, after this more theoretical work, I began the analysis of concrete situations involving employees carrying out their duties in Portugal and abroad. Some of these situations had been received by the department before the beginning of my internship and others over this period. When I was “working” in the DPE I analyzed “cases” that had been solved and some others without a final solution because they were still in courts. As for the last ones (new cases) I was able to follow their assessment and sometimes their outcome. Some of them became study cases for me. Over these five months of my internship, several cases were analyzed and discussed by legal experts of DPE in which I could participate. I always worked hard. I know that this action contributed to elucidate me about the treatment of the issues, and allowed me to have a direct contact with some workers and be part of a dynamic work team. For these reasons, my internship report is not merely descriptive of activities. It consists of an analysis of rules (legislation) and a regulatory framework of activities and it is also a description of several specific situations solved or in a solution process. Through this work I intend to make known the particular reality of a modern Portuguese financial institution not only because of its importance in our country but also such a large number of employees work here (in Portugal and abroad). I should add that throughout my internship I was allowed to attend conferences, within the scope of the bank in order to get a broader view of some issues related to the daily life of the DPE and the CGD. So, I participated in I Jornadas Bancárias and the Conferência Internacional do Contrato a Termo, given that the CGD is a bank and the DPE deals with legal and labour relations.

Equidade na despesa com cuidados de saúde em Portugal

RESUMO - O acesso com equidade aos cuidados de saúde é uma das pedras angulares da constituição da nossa República e do SNS. A garantia de igual utilização para iguais necessidades seguindo os princípios de equidade é parte integrante da legislação Portuguesa. Os indivíduos com menor estatuto-socioeconómico são apontados unanimemente pela literatura internacional como possuindo pior estado de saúde que os mais abastados, sendo por isso de prever uma maior utilização dos cuidados de saúde. Através deste trabalho pretendemos aferir a equidade da despesa com cuidados de saúde, partindo da premissa que pior estatuto socioeconómico está relacionado com pior estado de saúde, serão os indivíduos com menor capacidade financeira a utilizar mais os cuidados de saúde e portanto a apresentar maior despesa. Utilizando o INS 05/06, e, através de uma regressão multivariada, ajustámos os resultados em relação às variáveis comummente associadas com necessidades em cuidados de saúde, e verificámos que efectivamente existem iniquidades na despesa com cuidados de saúde. Analisando o rendimento líquido total da família do utente no mês anterior ao inquérito existe uma clara gradação, em que maior rendimento se reflecte em maior despesa. Verificámos que as despesas com cuidados de saúde são superiores nos indivíduos com idade superior a 34 anos, com uma educação de nível terciário ou superior, com rendimento superior ou igual a 700,20 euros, com estado de saúde auto-reportado Muito Mau, com seguro de saúde e com doenças crónicas. A despesa não variou significativamente tendo em conta o sexo. Na idade, apenas a categorias etárias 18 a 34 anos e maiores de 75 anos apresentaram uma diferença estatisticamente significativa em relação à despesa com cuidados de saúde. À luz dos resultados obtidos, concluímos que existem efectivamente iniquidades favoráveis aos mais ricos na despesa com cuidados de saúde em Portugal.

Cumprimento de ordens, obediência hierárquica e disciplina militar versus perpetração (in)voluntária de crimes

Following orders, hierarchical obedience and military discipline are essential values for the survival of the armed forces. Without them, it is not possible to conceive the armed forces as an essential pillar of a democratic state of law and a guarantor of national independence. As issuing orders as well as receiving and following them are inextricably linked to military discipline, and as such injunctions entail the workings of a particular obedience regime within the specific kind of organized power framework which is the Armed Forces, only by analysing the importance of such orders within this microcosm – with its strict hierarchical structure – will it be possible to understand which criminal judicial qualification to ascribe to the individual at the rear by reference to the role of the front line individual (i.e. the one who issues an order vs the one who executes it). That is, of course, when we are faced with the practice of unlawful acts, keeping in mind the organizational framework and its influence over the will of the executor. One thing we take as read, if the orders can be described as unlawful, the boundary line of the duty of obedience, which cannot be overstepped, both because of a legal as well as a constitutional imperative, will have been crossed. And the military have sworn an oath of obedience to the fundamental law. The topic of hierarchical obedience cannot be separated from the analysis of current legislation which pertains to the topic within military institutions. With that in mind, it appeared relevant to address the major norms which regulate the matter within the Portuguese military legal system, and, whenever necessary and required by the reality under analysis, to relate that to civilian law or legal doctrine.

Board independence and innovation

Legislation introduced in the U.S. in 2002/2003 significantly changed board composition of public firms by imposing a 50% independent directors’ ratio. Research on the effect of independent directors is not consensual, implying that this exogenous shock is a unique opportunity to study their importance. This study answers the question of whether or not independent directors can effectively mitigate agency conflicts between shareholders and the management, having a positive impact on the choice of successful R&D projects. We find that an increase of board independence has a positive impact on patent counts. Hence, the results support that independent directors truly spur innovation and risk taking.

Market value of corruption

This paper studies the impact of the Brazilian anticorruption legislation, PL 6826/2010, on stock returns. I show that, around the law approval date, the greater the link between the corporate and political worlds, the worse is the companies’ performance. Companies awarded with public contracts in 2012 suffer more with the new legislation approval. Firms with above median contract values have 2.9% lower returns than its peers. The negative effect is more pronounced for bigger and more complex entities, associated with higher levels of Corporate Responsibility and Governance and not subject to the US FCPA.

Implementation progress of mental health services in Rwanda: Bugesera district case

RESUMO: O Ministério da Saúde do Governo do Ruanda identifica a saúde mental como uma área de prioridade estratégica para a intervenção em resposta à alta carga dos transtornos mentais no Ruanda. Ao longo dos últimos 20 anos após o genocídio, o sector público reconstruiu sua Resposta Nacional de Saúde Mental com base no acesso equitativo aos cuidados, através do desenvolvimento de uma Política Nacional de Saúde Mental e novas estruturas de saúde mental. A política de Saúde Mental do Ruanda, revista em 2010, prima pela descentralização e integração dos serviços de saúde mental em todas as estruturas nacionais do sistema de saúde e ao nível da comunidade. O presente estudo de caso tem como objetivo avaliar a situação do sistema de saúde mental de um distrito típico de uma área rural no Ruanda, e sugerir melhorias, incluindo algumas estratégias para monitoras as mudanças. Os resultados do estudo permitirão ao Ruanda reforçar a sua capacidade para implementar o Plano Nacional de Saúde Mental ao nível dos distritos. O relatório também será útil para monitorar o progresso da implementação de serviços de saúde mental nos distritos, incluindo a prestação de serviços de base comunitária e a participação dos usuários, suas famílias e outros interessados na promoção, prevenção, assistência e reabilitação em saúde mental. Este estudo também procurou avaliar o progresso da implementação dos cuidados de saúde mental a nível descentralizado, com vista a compreender as implicações em termos de recursos desses processos. Foi realizada uma análise situacional num local do distrito, baseado em entrevistas com as principais partes interessadas responsáveis, usando o Instrumento de Avaliação de Sistemas de Saúde Mental da Organização Mundial da Saúde (WHO-AIMS). Os resultados sugerem que os recursos humanos para a saúde mental e serviços de base comunitária de saúde mental no distrito continuam a ser extremamente limitados. Os profissionais de saúde mental são adicionalmente limitados na sua capacidade para oferecer intervenções de emergência a pacientes psiquiátricos e garantir a continuidade do tratamento farmacológico a pacientes com condições crônicas. Para planejar efetivamente, de acordo com as necessidades da comunidade, sugerimos que o sistema de saúde mental deve envolver também os representantes das famílias e dos usuários no processo de planificação de modo a melhorar a sua contribuição no processo de implementação das atividades de saúde mental. Este estudo de caso do Distrito de Bugesera oferece a primeira análise de nível distrital dos serviços de saúde mental no Ruanda, e pode servir como uma mais-valia para a melhoria do sistema de saúde mental, incluindo a advocacia para a melhoria da qualidade dos cuidados de saúde mental a este nível, aumentando o financiamento para a implementação de serviços clínicos de saúde mental e os recursos humanos disponíveis para a prestação de cuidados de saúde mental, principalmente a nível dos cuidados primários.--------------------- ABSTRACT: To deal with the high burden of mental health disorders resulting from consequences of the 1994 genocide against Tutsis, the Rwanda Ministry of Health (MoH) considers mental health as a priority intervention. For the last 20 years, Ministry of Health focused on rebuilding a national and equity-oriented mental health program responding to the population needs in mental health. Mental health services are now decentralized and integrated in the national health system, from the community level up to the referral level. This study assessed the situation of mental health services in one rural district in Rwanda. It was aimed at assessing the progress of implementation of mental health care at the decentralized level, focusing on resource implications and processes. This study is based on interviews conducted with key stakeholders, using the World Health Organization's Assessment Instrument for Mental Health Systems (WHO-AIMS). Findings show that human resources for mental health care and community-based mental health services of the assessed district remain extremely limited. Mental health professionals face limitation regarding the ability to provide emergency management of psychiatric patients and to ensure continuity of psychopharmacological treatment of patients with chronic conditions. To improve the implementation process of mental health interventions and activities, a planning process based on community needs and the involvement of representatives of families and users in planning process should be considered. The Bugesera case study on the situation of mental health services can serve as a baseline for improvement of the mental health program in Rwanda, in terms of quality care services, infrastructure and equipment, human and financial resources.

Optimization of the electrodialytic phosphorus recovery from sewage sludge ash

Phosphorus (P) is becoming a scarce element due to the decreasing availability of primary sources. Therefore, recover P from secondary sources, e.g. waste streams, have become extremely important. Sewage sludge ash (SSA) is a reliable secondary source of P. The use of SSAs as a direct fertilizer has very restricted legislation due to the presence of inorganic contaminants. Furthermore, the P present in SSAs is not in a plant-available form. The electrodialytic (ED) process is one of the methods under development to recover P and simultaneously remove heavy metals. The present work aimed to optimize the P recovery through a 2 compartment electrodialytic cell. The research was divided in three independent phases. In the first phase, ED experiments were carried out for two SSAs from different seasons, varying the duration of the ED process (2, 4, 6 and 9 days). During the ED treatment the SSA was suspended in distilled water in the anolyte, which was separated from the catholyte by a cation exchange membrane. From both ashes 90% of P was successfully extracted after 6 days of treatment. Regarding the heavy metals removal, one of the SSAs had a better removal than the other. Therefore, it was possible to conclude that SSAs from different seasons can be submitted to ED process under the same parameters. In the second phase, the two SSAs were exposed to humidity and air prior to ED, in order to carbonate them. Although this procedure was not successful, ED experiments were carried out varying the duration of the treatment (2 and 6 days) and the period of air exposure that SSAs were submitted to (7, 14 and 30 days). After 6 days of treatment and 30 days of air exposure, 90% of phosphorus was successfully extracted from both ashes. No differences were identified between carbonated and non-carbonated SSAs. Thus, SSAs that were exposed to the air and humidity, e.g. SSAs stored for 30 days in an open deposit, can be treated under the same parameters as the SSAs directly collected from the incineration process. In the third phase, ED experiments were carried out during 6 days varying the stirring time (0, 1, 2 and 4 h/day) in order to investigate if energy can be saved on the stirring process. After 6 days of treatment and 4 h/day stirring, 80% and 90% of P was successfully extracted from SSA-A and SSA-B, respectively. This value is very similar to the one obtained for 6 days of treatment stirring 24 h/day.

O incumprimento do contrato de crédito ao consumo pelo consumidor

Consumer relations, established between the Consumer and the Creditor, which carry a consequent inequality of contractual positioning between the parties, have been pushing the legislator to adopt more rigid regulations with regard to lending for the purchase of goods or services of consum issues. In this sense, the Decree-Law 359/91 was approved, meanwhile repealed by the Decree-Law 133/2009, which regulates the consumer credit agreement’s regime in the portuguese legal system. Through this contract, the financier makes available to the consumer a certain amount of money, which the consumer must repay, plus the respective remuneration (interest) and other charges, according to a refund plan agreed by the parties. The consumer will be in delay if he breaches this stipulation. In case of default, the creditor, notwithstanding, can choose to wait for the performance by the debtor, promote the loss of benefit of the term or the termination of the contract. From the outset it would seem that, in one way or another, the financier, by imposing a forced shortening of the contract duration initially agreed, will lose the right to remuneration for the provision of capital agreed, but not verified. Nevertheless, unlike presently, the previous regime allowed the parties to rule otherwise, being permitted to agree to the payment of interest of outstanding installments. On the other hand, in the consumer credit contract the principle of freedom of contractual provision of the parties is strongly mitigated by the special legislation, which prevents the waiver of rights by the consumer, and by the regime of general contractual terms, which restricts the freedom of the financier to stipulate the contractual content freely and the freedom of the consumer to negotiate. For all these reasons, associated with the growing need of credit resource to satisfy their needs of consumption, it is confirm the relevance of legislative intervention on consumers protection in the context of hiring credit.

Períodos de Fidelização

This dissertation aims to study the loyalty clauses present in most of the long lasting service contracts. We introduce its main features and the consequences that arise from breaching of contract. We analyze the presence of loyalty periods in the Portuguese legislation. In this sense, we discuss Decree-Law 446/85, Law 24/96, Decree-Law 57/2008 and Decree-Law 56/2010. The loyalty period is the minimum period of time for which the contract should be maintained. In most cases, when this obligation is not fulfilled a penalty clause is set, intending to push the weaker party to comply with the contract or sanction it when the party fails to do so. We conclude that the contractual relationship where there is a loyalty period is usually an unbalanced relationship because it only protects the interest of one party. The penalty clause should not be admitted between parties with unequal bargaining powers. The contractual imbalance is not limited to consumer contracts.

O espaço das informações no combate ao terrorismo

The management of terrorism presents an added importance because of the ignorance and uncertainty that this threat to peace launches in societies. From the globalization process has resulted a capacity of mobility and communication which allowed the spread of terrorism globally and hence the ability to be in the international agenda. Thus it became necessary a synergy between the main international organizations and states, in the common interest of managing terrorism to acceptable levels. This thesis aims to assess how much space is reserved for intelligence on combating terrorism. To this end, it carried out a literature review related to intelligence, security and terrorism, such as legislation and official documents, national and international. These allowed realize the strategies for combating terrorism of major international organizations and the Portuguese, the institutions that are in charge of fighting terrorism and related crimes, highlighting the intelligence institutions within the European Union and Portugal. Intelligence should enter on this panel by the need to meet the threat and its contours. On the one hand lies to understand the framework which establishes terrorism, tracing relevant scenarios to reduce uncertainty in decision-making and, on the other hand, also be responsible for disseminating information to other stakeholders on security, allowing its commands to use the means efficiently.