Theses M & D
Theses is a series that brings together selected master's (M) and doctoral (D) dissertations and submitted to scientific arbitration. As a rule, the works are available in paper and e-book.
MASTERS SERIES
The Introduction of the Ecological Footprint in the Rules of Public Procurement
Author: Luís Eduardo Andreazi
ISBN: 978-989-9075-48-1
Year: 2023
Abstract:The scope of the present thesis is to study a possible integration of methodologies linked to the ecological footprint into the Portuguese and European public procurement rules. This idea is based on the constant emergence and strengthening of norms and environmental aspects in the various branches of domestic and European law, as a result of a growing legislative impulse that aims not only to confront the climate change, but especially to place the European Union in a path towards a sustainable development. It is in this context that our analysis of the legal-administrative norms related to public procurement is situated, an attempt to boost green public purchases and develop the proliferation of norms and environmental aspects in the public procurement, especially regarding the development of economic activities by economic operators participating in public procurement procedures. The path taken for the implementation of this whole idea covers four main points: first, the presentation of what constitutes the ecological footprint and other indicators associated with it, understanding the advantages and disadvantages of its application; secondly, the study of European and Portuguese public procurement rules, seeking to understand how they receive environmental factors and criteria, and how they can be related to the ecological footprint; in a third moment, the compatibility between the fundamental principles of public procurement and the introduction of the ecological footprint as a contractual criterion; and finally, in a fourth moment, the analysis of a European Commission Recommendation responsible for structuring an ecological footprint, a methodology that could be introduced in the legal systems relevant to public procurement. Once all these points are understood, will we be able to comprehend how contemporary legal systems support the introduction of environmental aspects within the rules and principles of public procurement, and how we should proceed legally and legislatively so that the footprint is integrated within this context, at which time we would be able to expose our conclusions and present our recommendations on how this idea should unfold in this legal branch of Administrative Law.
Delimitation of the material scope of application of Regulation EU 2016/1103 and Regulation EU 650/2012. Qualification of the articles 1700.º/1, c) and 1707.º-A, 2103.º-A and 1719.º of the Portuguese Civil Code
Author: Carolina Gouveia Costa
ISBN: 978-989-9075-31-3
Year: 2022
Abstract: The creation of European unification instruments of the conflict of law rules plays a key role in solving many problems that International Private Law still aims to solve. Nevertheless, as a result of the diversity of material solutions in the legal systems of the different States and the inherent connection between some legal subjects that, at a conflictual level had an autonomous and different approach, delimitation problems of the material scope of application of the Regulations arise, as well as doubts about the qualification of certain institutes in the material law of the States, that due to their ambiguous nature, can lead to uncertain for the parts involved in international relationships. The problems we purpose to solve in this study regard to three specific articles of the Portuguese Civil Code and their corresponding qualification in Regulation eu 650/2012 of 4 July 2012, applicable to Successions, or in the Regulation eu 2016/1103 of 24 June 2016, related to Matrimonial Property Regimes. That being said, we are going to begin this dissertation with a reflection on the problem of qualification in International Private Law, not only with some of the solutions that have been globally presented by the doctrine and over time, but also its specific features in the context of the unified International Private Law, with special regard to the Portuguese method of qualification. We will then proceed to analyse the European regulations mentioned above, their corresponding scopes of application and the lack of coordination between them on determining the applicable law. Lastly, we will qualify the institutes of the articles 1700.º/ 1/c) and 1707.º-A, 2103.º-A and 1719.º, all norms of the Portuguese Civil Code, bringing forward arguments for a succession and matrimonial qualification, in order to achieve a solution.
A New Construction of Crimes of Sexual Assault and Rape According to the Law 101/2019, 6th September and Its Implications
Author: Tiago Braga Norte
ISBN: 978-989-9075-08-5
Year: 2021
Abstract: The present dissertation is built in order to understand the ratio behind Law nº 101/2019, therefore, it is imperative that the typical illicit acts that underwent the alteration in question are properly deconstructed and apprehended. In this sense, in an initial phase, the present work aims, to frame, temporarily, the crimes of sexual coercion and rape foreseen and punished in articles 163.º and 164.º of the current Penal Code) in the history of Portuguese Sexual Criminal Law, culminating in a critical analysis of new legal changes made by Law nº 101/2019, of 6 September, which have changed the entire conceptual and legal paradigm of these typical offenses Following, and through carrying out a brief study of other international legal systems, one of the objectives of this work is to try to describe the incrimination models chosen by those countries, in order to understand their similarities and differences. Therefore, in parallel, it is necessary, to understand and develop the various basic legal concepts in the protected legal interest in crisis, the sexual freedom of the citizens, such as will, discernible will, lack of will, lack of will, consent, agreement, dissent, assent and constraint. Thus, based on the various legal systems studied and the knowledge acquired with the basic concepts, it will be possible to move towards the construction of several incrimination models, in order to understand which is the best one that can be best adapted and applied to the Portuguese socio-legal conjuncture, without ever forgetting the current legal situation. Keywords: will; discernible will; lack of will; opposite will; consent; deal; dissent; assent; constraint; sexual coercion; rape; sexual crimes.
A Relevância dos Programas de Compliance na Sanção das Pessoas Coletivas
O Potencial Jurisgenerativo do Pluralismo Constitucional Interações em Matéria de Direitos Humanos
Ambiente e Deslocamento Humano: uma análise sobre os deslocamentos ambientais
Entre a Transmissão de Direito Litigioso e Habilitação Processual: uma transfiguração dinâmica das partes
Direitos Fundamentais e Transconstitucionalismo: paradigma, método e teoria
Disseminação Não Consensual de Imagens Íntimas: uma análise à luz do regulamento geral de proteção de dados
A Edição Genética como Elemento das Responsabilidades Parentais: uma antecipação do cenário juscivílistico familiar face aos avanços da Engenharia Genética
Personalidade Jurídica: redimensionamento do conceito à luz da perspectiva personalista
Estudos sobre a Resolução sem Fundamento
Author: Carlos Alexandre Henriques Saraiva Gonçalves
ISBN: 978-989-8891-82-2
Year: 2020
