Negociação por conta própria e os conflitos de interesses

Mestrado em Ciências Jurídicas Empresariais

Estudo numérico da interação de ondas com um quebra-mar poroso utilizando o código IHFOAM

A presente dissertação tem como principal objetivo a validação da ferramenta IHFOAM do código OpenFOAM para problemas de interação de ondas com estruturas costeiras porosas, concretamente a interação de ondas com o quebra-mar poente do porto de pesca de Albufeira. Numa primeira parte deste trabalho analisa-se o comportamento do código com malhas de diferentes tipos, mais especificamente, estuda-se os efeitos sobre o escoamento de uma malha não estruturada no meio poroso em relação a uma malha estruturada. Isto é de extrema importância, devido ao tempo dispensado na construção de uma malha estruturada com elementos rectangulares. É ainda estudada a dependência da simulação numérica com o modelo de turbulência. O estudo mostra que os efeitos dos diferentes tipos de malha na zona porosa influenciam pouco o escoamento, sendo aceitável o recurso a malhas não estruturadas na zona porosa, em contraste com a escolha do modelo de turbulência que se mostra muito importante para a simulação. Numa segunda parte, são calibrados os parâmetros do meio poroso usados pelo modelo numérico. Apresenta-se o método utilizado para a calibração dos parâmetros e são estudados os seus efeitos sobre o comportamento hidráulico da estrutura. O estudo é realizado com duas alturas de ondas, uma altura de onda que não gera galgamento e uma altura de onda que gera galgamento. Foram colocadas várias sondas numéricas ao longo de um canal de ondas que medem a elevação de superfície livre simulada. Para os ensaios com galgamento, mediu-se a altura da água galgada e o volume galgado, podendo-se assim estudar os efeitos dos parâmetros do meio poroso do quebra-mar sobre o galgamento. A calibração sequencial dos parâmetros mostrou-se muito eficaz, gerando resultados muito bons. Ao longo do estudo entende-se a forte dependência do comportamento hidrodinâmico da estrutura, dos parâmetros e a necessidade de os calibrar, para cada caso estudado. Conclui-se que o IHFOAM é muito interessante para o estudo numérico de interação de onda-estrutura porosa, obtendo resultados satisfatórios para a superfície livre dentro e fora do quebra-mar. O galgamento, sendo um processo muito rápido, foi razoavelmente simulado e captado pelo código.

Cultura de segurança em proteção civil

This work aims to stress the concept of a security culture in the sense that each one of us is an emergency responder, the first one to respond, and the more prepared we are, with better training and awareness, the better we will perform, this applies even to the relationship between us and the Emergency Responders. All this will lead to a better probability of surviving an accident. If there is an accident, anywhere at any time, each one of us is alone. And the bigger the accident is the longer we stay alone. There is no firefighter, no policeman, no doctor, so it is very important to be competent, in other words, knowing how to react, wanting to react and being able to react. This is a basic requirement to understand the phenomenon, to know the consequences arising from the way we act and that we have to perform according to the situation: before, during and after it occurred. In brief, let’s not make resilience be just a word, let’s make it a concept that belongs to the higher definition of the Security Culture.

O processo sumário e a reforma do Código do Processo Penal de 2013

The present work aims to develop the theme "The summary procedure and the reform of 2013". The purpose of its analysis serves the interest to understand the virtues and disadvantages of the changes introduced by Act n.º 20/2013 to our Code of Criminal Procedure, and the main focus of the present reflection is to further the impact of the measures taken by the legislator to the summary proceedings. The opening of the most serious crimes to summary procedure is a reform measure duly highlighted because it is a true innovation in the Portuguese penal system. Therefore, it urges to analyse not only the consequences of this measure, as well as if the objectives of its introduction in the summary procedure system are met. It should be noted that the legislator intends to promote speedy trial, and at the same time, ensure compliance with the Constitutional rights associated to the accused. At this point it is important to realize if there is a restriction of the accused essential guarantees. On the other hand, it should be noted that the typical characteristics of summary proceedings might have been invariably modified, due to the innovative aspect of the reform. That said, the changes might have fostered a mischaracterization of the typical format of the summary procedure, both in terms of the nature of the proceedings and in terms of its space and objectives within the penal system. Reflecting on the above will provide a deeper understanding of the volatile balance between the Portuguese governing prosecution efficiency and the Constitution, as well as the future of the criminal policy in Portugal.

Aplicação do modelo HDM-4 na previsão do IRI para pavimentos rodoviários da rede nacional

Os modelos de previsão da degradação dos pavimentos são um elemento-chave para os sistemas de gestão dos pavimentos sendo utilizados para prever a evolução das suas condições de circulação. O presente trabalho tem como objetivo estabelecer um modelo de previsão da evolução do indice de irregularidade longitudinal (IRI), principal indicador da qualidade funcional de um pavimento. Para tal, foram utilizados dados da base de dados da empresa Infraestrutruras de Portugal (IP). Esta mantém um programa de monitorização da rede com o objetivo de controlar a qualidade de serviço e gerir de forma consciente os recursos disponíveis. O modelo HDM-4 foi implementado em código do programa Matlab com o objetivo de apoiar este estudo. Primeiro, procedeu-se à avaliação da forma com que os parâmetros do modelo HDM-4 atuam sobre o valor do IRI no modelo HDM-4. Posteriormente, procurou-se ajustar os resultados obtidos efetuando calibrações, com o intuito de minimizar o erro entre os valores calculados e os valores medidos pela IP. Concluiu-se que é possível estabelecer modelos com base no modelo HDM-4, em pavimentos flexíveis, ajustados à rede rodoviária nacional. No entanto, para serem incluidos fatores que deveriam ser contabilizados no modelo, deverão ser realizadas algumas alterações na base de dados a utilizar.

"A testemunha-vítima e o dieito de recusa de depoimento, no Código de Processo Penal

Study of the problems involved in the application of the right of refusal to testify (Article 134. º CPP) to criminal charges of domestic violence, namely in situations of violence between spouses. Drawing attention, to some of the contingencies of the exercise of the right of refusal in such proceedings, a matter never before examined under Portuguese law, and also to the need to reconsider, based on the North American experience, the application of the law in these cases.

Going Public: Conservation of Contemporary Artworks. Between Backstage and Frontstage in Contemporary Art Museums

In museum studies and history of art, what happens behind the scenes of museums stays relatively unseen and unspoken about. In the arts, generally speaking, what is dismissed as irrelevant (e.g. the realm of practices) is deliberately detached from what is thought to really matter; theory, discourse, content and meaning. Up till recently, backstage activities such as conservation practices are merely discussed among specialists and museum professionals. Only the outcomes of these discussions are sometimes – if at all – explicitly communicated to a larger public. Studies into the practices of contemporary art conservation however show that practices behind the scenes play an important role in the perpetuation of these artworks. What happens behind the scenes in terms of conservation has, in several ways, important effects on the ongoing life of these artworks in a museum context. Conservation practices, I argue, should therefore become a necessary part of museum studies and history of art. How can the working practices of conservators become more visible and transparent to a diversity of audiences, including researchers? And what does this mean in terms of research methodology?

Recensão: Peter Goldie e Elisabeth Schellekens, Who’s Afraid of Conceptual Art?

Recensão de: Peter Goldie e Elisabeth Schellekens, Who’s Afraid of Conceptual Art?, Londres e Nova Iorque: Routledge, 2010

Incoherences of the Art World

Fundação para a Ciência e a Tecnologia (FCT), Fundação Millennium bcp

The names of things: terminology and the practice of art history

This paper aims to explore the ways in which standard art history terminology shapes the practice of art history by conditioning the interpretation of specific works of art and, in certain cases, the definition of a research subject (especially where questions of genre and periodization are concerned). Taking as a case study a painting by Georges de La Tour, the Peasant Couple Eating, I will argue that terms such as realism, realistic, naturalistic etc. used for its description and/or interpretation, far from constituting objective stylistic characterizations, shape our perception of the work in question. Bringing the question of social class to the center of the discourse on realism, I propose to show how the social divide between the painter and his subject matter (in this case, the peasants) is internalized in the painting’s style and meaning, and how it is fundamental for the understanding of its intentionality and function.

The perfect paint in modern art conservation: a comparative study of 21st century vinyl emulsions

Contemporary painting places, and will continue to place, several questions about its meaning, its chemical nature, its durability and the best way to preserve it. This research aims at putting together comprehensive data on vinyl based paints, including their components, their properties, their aging behavior and their response to selected cleaning products. In this project degradation mechanisms of vinyl binders and formulations used in the 20th and 21st century were studied. Stability over time of selected vinyl polymers was assessed through natural indoor and artificially aging. The objective was to enhance knowledge and understanding of vinyl emulsion formulations and their performance over time. Overall conservation state of pictorial layers namely, adhesion, cohesion and discoloration of selected case studies from the Portuguese artist Julião Sarmento (b.1948) was correlated with the observed molecular level changes studied in laboratory experiments. Sarmento’s paintings were chosen due to conservation concerns (discoloration) on some of his works from the 90’s. Besides, research was carried out to start increasing the knowledge of what can be expected of PVAc based paints in terms of response to conservation treatments namely, surface cleaning. Artificial aging showed that the most recent formulations which are based on a poly(vinyl acetate), poly(vinyl chloride) and polyethylene terpolymer are less stable when compared to some homopolymer formulations. From the four pigments studied, titanium dioxide rutile and a carbon based black proved to be stabilizers for both types of polymer. The mixture lithopone plus calcium carbonate has showed to have a photocatalytic effect on the binders. The studied paintings showed to be in an overall good state of conservation except for the paintings created in the 90’s with white glue and a mixture of white lithoponeand calcium carbonate. Discoloration of this white paint seems to be irreversible and ongoing and is still a major concern. The disapearance of the plasticizer was the only change detected. The current works created by Sarmento are expected to be more stable as they were painted using the rutile titanium dioxide. Immersion/cleaning tests showed that vinyl based paints can be susceptible to water and organic solvents like ethanol as some evidences point to the removal/diffusion of additives from the paint. The observations made point to the need to further proceed in this research field.

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.

O âmbito de aplicação material da legislação de proteção de dados pessoais e o tratamento de imagem por pessoa singular

Images have gained a never before seen importance. Technological changes have given the Information Society extraordinary means to capture, treat and transmit images, wheter your own or those of others, with or without a commercial purpose, with no boundaries of time or country, without “any kind of eraser”. From the several different ways natural persons may engage in image processing with no commercial purpose, the cases of sharing pictures through social networks and video surveillance assume particular relevance. Consequently there are growing legitimate concerns with the protection of one's image, since its processing may sometimes generate situations of privacy invasion or put at risk other fundamental rights. With this in mind, the present thesis arises from the question: what are the existent legal instruments in Portuguese Law that enable citizens to protect themselves from the abusive usage of their own pictures, whether because that image have been captured by a smartphone or some video surveillance camera, whether because it was massively shared through a blog or some social network? There is no question the one's right to not having his or her image used in an abusive way is protected by the Portuguese constitution, through the article 26th CRP, as well as personally right, under the article 79th of the Civil Code, and finally through criminal law, articles 192nd and 193rd of the Criminal Code. The question arises in the personal data protection context, considering that one's picture, given certain conditions, is personal data. Both the Directive 95/46/CE dated from 1995 as well as the LPD from 1998 are applicable to the processing of personal data, but both exclude situations of natural persons doing so in the pursuit of activities strictly personal or family-related. These laws demand complex procedures to natural persons, such as the preemptive formal authorisation request to the Data Protection National Commission. Failing to do so a natural person may result in the application of fines as high as €2.500,00 or even criminal charges. Consequently, the present thesis aims to study if the image processing with no commercial purposes by a natural person in the context of social networks or through video surveillance belongs to the domain of the existent personal data protection law. To that effect, it was made general considerations regarding the concept of video surveillance, what is its regimen, in a way that it may be distinguishable from Steve Mann's definition of sousveillance, and what are the associated obligations in order to better understand the concept's essence. The application of the existent laws on personal data protection to images processing by natural persons has been analysed taking into account the Directive 95/46/CE, the LPD and the General Regulation. From this analysis it is concluded that the regimen from 1995 to 1998 is out of touch with reality creating an absence of legal shielding in the personal data protection law, a flaw that doesn't exist because compensated by the right to image as a right to personality, that anyway reveals the inability of the Portuguese legislator to face the new technological challenges. It is urgent to legislate. A contrary interpretation will evidence the unconstitutionality of several rules on the LPD due to the obligations natural persons are bound to that violate the right to the freedom of speech and information, which would be inadequate and disproportionate. Considering the recently approved General Regulation and in the case it becomes the final version, the use for natural person of video surveillance of private spaces, Google Glass (in public and private places) and other similar gadgets used to recreational purposes, as well as social networks are subject to its regulation only if the images are shared without limits or existing commercial purposes. Video surveillance of public spaces in all situations is subject to General Regulation provisions.

History of Art and Art Criticism: A System in Crisis

This article aims to reconstruct the critical debate regarding the examination of the crisis in the disciplines of art history and criticism with a particular focus on the proposal formulated by U.S. theorists who contributed to October journal. The discrediting of many modernist critical methods, particularly that of Clement Greenberg – the formalist diktat – marked the birth of the journal and gave rise to proposals set forth by critics committed to a new approach. Their divergent positions, nonetheless, have contributed to undermining the traditional concepts of the autonomy of art and criticism. The proposals discussed over the course of publication were the result of a reappraisal of the disciplinary instruments of art history and criticism pursuant to the crucial cultural changes which took place in the 1980s.