IJP - Publicações em Livros de Atas Internacionais / Papers in International Proceedings

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  • PublicaçãoAcesso Restrito
    The use of sustainable development goals (SDG) in the study of European Union litigation: A bigger plan for citizenship
    (IATED Academy, 2023-11) Silva, Maria Manuela Magalhães; Alves, Dora Resende
    Universidade Portucalense Infante D. Henrique (UPT) is an university located in the city of Porto, Portugal. The undergraduate law degree program at this higher level educational institution, offers case study teaching in European Union Litigation. Through this case study in the teaching of a curricular unit in the 1st cycle of studies in Law is intended to demonstrate how one can broaden students’ horizons and integrate global causes and citizenship via procedural and specific subject focus. The Sustainable Development Goals - SDGs, of the United Nations (UN) 2030 Agenda, first established since 2015, include topics that address various dimensions of sustainable development (social, economic, environmental), as ways to promote peace, justice and effective institutions These arise as a result of the joint work of governments and citizens around the world. Portucalense University took on the task of publicizing and promoting the integration of the Sustainable Development Goals (SDGs) through its courses from 2023. This was sought by integrating the SDGs into the Curriculum Units Sheets of each course as well as the lectures given by professor. Portucalense University aims to increase students' awareness and the use of goals as means to promote and train distinguished professionals, and foster responsible citizens. The bodies and institutions of the European Union, have documented that education in undergraduate programs and above must bring into particular focus, civilization causes and promote citizenship awareness in world causes. In fact, the European Union has made an unequivocal commitment to the 2030 Agenda and its SDGs. Through internal and external actions the EU is contributing to the achievement of the 17 Goals, both within the Union and in partner countries around the world. It periodically reports on the progress achieved, as well as the setbacks that have taken place over the various recent global crises (financial, migratory, pandemic). This connection with European Union law is given to students to experience in the European Union Litigation course taught at the Portucalense University. Students are called upon to present research work and analysis of a final decision of the Court of Justice of the European Union (CJUE). The course highlights the explanation of technical content but also adds the connection with the subject matter of the SDGs. This promotes the training as a global citizen by interacting with global causes and creates a sensitivity of active citizenship. The goal is to evaluate the overall influence of studying the SDGs within the context of participatory citizenship training by first establishing a doctrinal framework and analyzing the institutional texts of the European Union.
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    Democracia e Estado de Direito na União Europeia: O papel do TJUE
    (Iberojur, 2023-07) Barata, Mário Simões; Alves, Dora Resende
    Utilizando como ponto de partida os valores da democracia e o respeito pelo princípio do estado de direito da União Europeia, mencionam-se os modos de proteção previstos nos Tratados da União Europeia, a que acrescem alguns instrumentos preventivos criados pelo direito derivado. [...]
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    Developments for the contribution by the new technologies in the right to education: An European Law approach
    (IATED Academy, 2023-03) Silva, Maria Manuela Magalhães; Alves, Dora Resende; Ferreira, Maria João
    The importance of the right to education as a fundamental right and an instrument of democracy is still underlined by recent documents of the European Union (EU) and so the authors present a development of a previous study. The right to education is legally written both at the level of national law of member States, in constitutional texts and at the level of international law, is with the documentation of the European Union that results in emphasizing the importance of education for the whole Democratic and economic system and also for the value of rule of law. The right to education, as well as the right to vocational and continuing training – long life education –, as mentioned, deserve the attention of the latest documents of the European Union which, many of them although they do not possess the dignity of legislative acts (as soft law), shape Member States' guidance in their performance. Thus valued, the right to education arises as a conditioning factor in the widest subjects. With the use of digital technologies, education systems become facilitators and promoters of skills development, namely knowledge (hard skills) and behavioral skills (soft skills), essential in exercising democratic ideals and the value of the rule of law. However, this raises the problem of access to these same technologies and their possible use in education to articulate, participate and shape the future of a Europe characterized by democracy, solidarity and inclusion. What contribution can the referred digital technologies provide to a more effective realization of the constitutionally recognized right? The discussion is still recent. Digital technology enriches learning in many ways and offers several learning opportunities, but how to guide it? The value of the rule of law is as a priority in Europe as we speak. But it turns out that, in it, the realization of the right to education is not yet achieved in its fullness. It will also be through the policy of education and training that the common values and the general principles of law remain. The focus of intervention by the State and the international community has also been a necessity and priority. In its various rule of law protection mechanisms, the Union stresses the importance of digital media and their use to pursue this essential value. The research intends to focus on the legislative documents from 2018 to 2022 dedicated to using digital technologies valorization to achieve this right. The theoretical-academic penchant is consolidated through systematic normative interpretation and has as pure intent the expansion of knowledge in research in a qualitative and exploratory approach without presenting quantitative data, the aim is to bring continuously to discussion and debate the role, value, and capacity of the use of digital technologies in enforcing a positive right that depends on the state's actions for its implementation. Being certain of the importance of education as a vehicle of promoter of democratic values and for the realization of other public policies, the adequacy of the teaching system to new technological demands arises as a challenge and a need for which there is still a long way to go, which is the way of the mere documentary consecration by the institutions of the European Union.
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    O poder da comunicação na lecionação e na aprendizagem no ensino superior
    (Dykinson, 2022-04) Guimarães, Ana Paula; Rebelo, Fernanda
    A Universidade Portucalense, onde as autoras exercem a sua atividade profissional na qualidade de docentes e de investigadoras, é um estabelecimento de ensino superior cooperativo dotado de reconhecimento público, que desenvolve três extensões no âmbito da sua atuação: 1) investigação; 2) ensino; 3) transferência de conhecimento. [...]
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    The Singapore Convention and the european reality
    (Bandirma Onyedi University, Faculty of Economics and Administrative Science, 2022-12) Mimoso, Maria João
    Over the last few decades, international trade has been the target of several initiatives concerning the harmonization of its regulations. Several international entities have decisively contributed to greater predictability and security in international trade relations. [...]
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    Importância da inclusão e da flexibilidade em contexto escolar
    (eventQualia, 2022-11) Carvalho, Olívia da Conceição; Teixeira, Ana; Paulo, Estrela; Galinha, Sónia
    O objetivo deste estudo é investigar, conhecer, analisar e compreender a importância da inclusão e da flexibilidade curricular em contexto escolar, tendo por base as dificuldades e os desafios existentes no processo de inclusão e na utilização de estratégias que desenvolvam as necessidades que cada aluno demonstra. Esta investigação de natureza quantitativa no âmbito da Especialização em Educação Especial Domínio Cognitivo Motor do IESF contou com a participação de professores especializados em Educação Pré-escolar e Ensino Básico do 1º Ciclo, foi realizada com a aplicação de um questionário no google forms e partilhada em grupos de professores. A recolha de dados foi realizada com a administração de um inquérito por questionário aplicado numa amostra de 67 professores na faixa etária entre os 22 anos e os 66 anos. Podemos verificar que, os profissionais inquiridos configuram, uma resposta educativa eficaz no processo de inclusão, colocando em prática a flexibilidade curricular no processo de ensino/aprendizagem. Também, verificamos que existem obstáculos em relação à falta de recursos humanos e materiais, e sobretudo, pelas turmas numerosas, onde alunos com dificuldades diversas estão presentes em salas de aula sem ajuda de profissionais especializados.
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    Intervenção precoce, desenvolvimento, práticas centradas na família, necessidades, criança
    (eventQualia, 2022-11) Carvalho, Olívia da Conceição; Galinha, Sónia; Teixeira, Isabel
    Neste artigo propomos alargar o conhecimento sobre a Intervenção Precoce (IP), com o objetivo de perceber as necessidades das famílias. Este trabalho foi realizado a partir de uma revisão da literatura e da aplicação do instrumento Famil Needs Survey (adaptado) a uma amostra, constituída por 35 pais de crianças apoiadas pelas ELIs do distrito de Vila Real, Portugal. A análise dos dados resultantes da aplicação deste questionário permitiu perceber que a Intervenção Precoce está na mira da investigação que se faz relacionada com o desenvolvimento na primeira infância. Por sua vez, estas mesmas práticas recomendam uma intervenção centrada na família como condição primordial para a promoção do desenvolvimento da criança. Os resultados revelam que, conhecer as reais necessidades da família e as suas prioridades, torna-se fundamental para uma intervenção eficaz, baseada no respeito pelos direitos da criança e pelo seu superior interesse; tal contribui para a melhoria da qualidade da prestação de serviços em Intervenção Precoce. Palavras-chave: Intervenção Precoce, Desenvolvimento, Práticas Centradas na Família.
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    A necessária (re)definição do bem jurídico protegido no tipo de crime de violência doméstica
    (2022-11) Alfaiate, Ana Rita
    O crime de violência doméstica consta do art. 152.º do CP, integrando o capítulo dos crimes contra a integridade física, do título dos crimes contra as pessoas, da parte especial do Código Penal Português. Muitas das condutas associadas hoje a este crime podiam, no entanto, antes da sua inserção no Código Penal, ser já punidas por outros tipos legais preexistentes no ordenamento jurídico português: ofensas à integridade física, ameaça, sequestro, coacção sexual, injúria, entre outros. Por isso, ao criar o crime de violência doméstica, a primeira questão que se coloca é a de saber se, mais do que proteger cada um dos bens jurídicos separadamente tutelados por cada uma daquelas incriminações, o legislador terá querido sublinhar que um novo bem jurídico ganhava espaço no ordenamento jurídico penal e/ou se o crime de violência doméstica representa uma incriminação qualificada de cada um dos tipos legais de crime a que já era possível subsumir as condutas de maus tratos físicos ou psíquicos que o tipo legal encerra. Esta exposição procura tratar destas questões, mas também a partir de outras, a nosso ver problemáticas, que o tipo encerra.
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    The increase in active teaching methodologies and their documentary framework
    (IATED Academy, 2022-11) Silva, Maria Manuela Magalhães; Ferreira, Maria João; Alves, Dora Resende
    The development of societies is and will always be linked to the education of citizens. Societies with a high educational level of their citizens are better prepared to face present and future challenges. However, nowadays it is not possible to dissociate citizen education from the digital transformation that is taking place globally at an organizational level and in particular in education. This context leads to the introduction of new teaching-learning paradigms in teaching. In this paradigm shift, the teacher no longer has the central role of the teaching-learning process in the dissemination of knowledge, this role passes to the student where they are the center of the process. Teachers become the motivators and facilitators of students and students start to play a more active role, which requires them to have different skills, not only technical but also behavioral, namely critical thinking.
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    A Hungria no TJUE, o valor do Estado de Direito e a importância da Educação
    (Universidad Rey Juan Carlos; Universidade Portucalense, 2022-09) Alves, Dora Resende; Castilhos, Daniela Serra; Sousa, João Pedro
    A União Europeia (UE) traduz uma realidade regional de integração económica, mas, na sua evolução, orientada para os cidadãos em democracia. Nasceu sob a égide de determinados valores nunca esquecidos e sempre reforçados. Entre eles, essencial, o valor do Estado de Direito. Presente nos textos institutivos, o Tratado da União Europeia (TUE) e o Tratado sobre o Funcionamento da União Europeia (TFUE) como textos jurídicos de base, reforça-o pela ação do Tribunal de Justiça da União Europeia (TJUE). Destacando a posição relativa a um Estado-Membro, a Hungria, país que aderiu à UE em 2004, pretende-se reforçar a importância da educação como veículo de aproximação dos cidadãos a toda esta construção jurídica. [...]
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    Accelerated arbitration: An expedited method of resolving disputes
    (Adjuris, International Academic Publisher, 2022-06) Mimoso, Maria João
    When we speak of international commercial arbitration, we refer to arbitration that has as its object the resolution of commercial disputes on an international scale, between individuals or legal entities, whether these are companies or even States. In the vast majority of situations, we are dealing with commercial relationships of the most di- verse nature, including international purchase and sale contracts, large-scale contracts, and license agreements in the field of intellectual property, among others. The advantages of international arbitration lie in its effectiveness when confronted with state justice, due to the neutrality of the arbitration forum, the precise knowledge of the arbitrators, the greater flexibility of the arbitration process, confidentiality, among others. However, it turned out that, in reality, there are problems. Over the last few years, the players have expressed some concerns, especially about the costs and the extension of procedural deadlines, which has made arbitration less appealing and increasingly equated with the justice of state courts. It should be noted that medium-sized companies are the most af- fected, either because they do not have the possibility of accessing this form of justice, not knowing it, or because they consider it to be very costly in view of the procedural costs it entails. With the purpose of harmonizing expedited arbitration, UNCITRAL cre- ated and made available on September 19, 2021, the Expedited Arbitration Rules that can be adapt by the parties. The figure of accelerated arbitration comes, therefore, to present itself as an optimized and simplified process, showing shorter deadlines so that disputes can be resolved quickly and economically. Given the novelty and importance of the sub- ject, we intend to reflect on this new arbitration modality and its consecration by the most prestigious arbitration institutions, e.g. international Chamber of Commerce; American Arbitration Association; Arbitration Institute of the Stockholm Chamber of Commerce; Swiss Arbitration Association.
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    Agenda 2030 for sustainable development and the future of adult learning in Europe
    (IATED Academy, 2022-07) Rebelo, Fernanda; Guimarães, Ana Paula
    The 2030 Agenda for Sustainable Development proclaimed in September 2015, on the occasion of the seventieth anniversary of the United Nations, established a set of 17 universal and transformative Goals and targets for our planet and the people who inhabit it, in pursuit of prosperity and peace. Putting this plan into action with a view to its full implementation by 2030 implies a huge collective effort, a collaborative partnership of all countries and entities. Everyone recognises the need to ensure respect for the human rights of all and sustainable development in its three dimensions - economic, social and environmental. If in the environmental dimension, we are faced with the issues of climate change and the limitation of natural resources; at the economic level, the dissemination of information and communication technologies, scientific and technological innovation, automation and artificial intelligence systems are gaining importance; the social challenges cause even more concern today due to Brexit, migration flows, as well as the current movement of refugees and displaced persons fleeing the theatre of war, destruction and death. In the present study we were interested in highlighting Goal 4 of the 2030 Agenda which aims to ensure inclusive and equitable quality education, and promote lifelong learning opportunities for all. The method consisted of a theoretical and descriptive approach based on the principles of the United Nations Charter, the Universal Declaration of Human Rights and relevant international human rights instruments, namely the European Association for the Education of Adults (EAEA). In addition, a quantitative analysis of significant data recently released by Eurostat was carried out. The results show that the working-age population is expected to fall by 5% by 2030, from around 66% to just over 60% of the total population. And that, although there is a trend in the European Union to increase the retirement age, it is thought that such a measure will not be sufficient to solve the problems arising from demographic change. Furthermore, this decrease of active citizens contributing to social security could be compensated through the education of adult immigrants, in those areas where there are greater labour shortages, adjusting their training skills to the market and offering specialisation and language learning opportunities. In this continuous learning may lie the key to solving the problems arising from changes in demography, the fall in the working population and the sustainability of social security. In this sense, a reflection was made on the evolving dimensions of the right to education. In particular, we were interested in the role that adult education can play in the future of Europe. The results obtained show that education in this age group provides European citizens with the necessary and appropriate skills and knowledge to become more responsible and active players, committed to sustainable and inclusive development that respects the values we want to preserve and pass on to new generations. We conclude that adult education enables knowledge recycling, updating and innovation in the labour market, while contributing to the personal fulfilment of the individual, their well-being and the construction of a fairer and more sustainable society.
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    Education for the value of rule of law in the European Union
    (IATED Academy, 2022-07) Silva, Maria Manuela Magalhães; Alves, Dora Resende
    The effective exercise of democracy implies informed citizens as a result of an education policy that forms awareness of fundamental rights, through the idea of the rule of law and, most recently, knowledge about the European Union. To this end, new digital technologies can be an excellent instrument in order to achieve that outcome. Within the European Union, in addition to its countries, as in the world, the rule of law emerges as a value enshrined in the constitutional texts. A concept that was born from the advent of constitutionalism and is not easy to describe. However, essential to the way of life we know, since respect for the rule of law is a condition for guaranteeing democracy and fundamental rights. It is not even stated in the Portuguese Constitution or in the founding treaties of the European Union. But the EU has a role to play in resolving issues related to the rule of law because respect for the rule of law is a precondition for upholding all rights and obligations arising from the Treaties and secondary legislation. The idea must be disseminated to all citizens and digital media are useful for this purpose. And if this is less obvious for jurists, is the value it contains effectively communicated to the citizens who benefit from it? Does education convey the explanation of what respect for the rule of law really means for the life of each citizen? And how to find the link to promote their understanding through education? How to use digital media to increase dissemination? The questions are multiple and it is important for us to bring them to the debate in order to reach an answer or at least an approach. It is true that the doctrine has densified the concept. The soft law documents of the European Union institutions contribute a lot. At a time when some European Union countries are alerted to of this constitutional achievement being in danger, even resulting in an example of pecuniary sanctions, it is also from the jurisprudence of the Court of Justice of the European Union (CJEU) that the simplest explanations come to us. The CJEU was a pioneer in clarifying the concepts used by European Union law since the first years of activity and still maintains this role today. The purpose of this analysis is to demonstrate that, as Member States are primarily responsible for the application of EU law, there is still an effort to be made for the efficiency of citizens' understanding of the rule of law, as a value of the European Union. Emphasize the importance of including in (digital) education the concept of the rule of law and the consequences of disrespecting it for the lives of citizens and their rights. Considering the embryonic nature of this study, a methodology was designed that focus on the use of European Union law sources, through systematic and methodologically selected normative interpretation. It focuses on specialized publications but above all official documents (legislative or preparatory) and jurisprudence that set out the issue. The theoretical-academic tendency is consolidated through systematic normative interpretation and aims to expand knowledge, in a qualitative and exploratory approach. Without presenting quantitative data, the purpose is to bring to discussion and debate the value os the rule of law in the context of the European.
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    A Inteligência Artificial na União Europeia: análise documental escolhida
    (Instituto Iberoamericano de Estudos Jurídicos; Instituto Jurídico Portucalense, 2022-01) Alves, Dora Resende; Barata, Mário Simões
    Utilizando um possfvel conceito de base de inteligéncia artificial (IA) no seu entendimento para o direito da Uniâo Europeia, apresentam-se brevemente pontos de referéncia documentais e institucionais para levantar algumas reflexoes no tema e deixar um ponto de partida que permita um acompanhamento do futuro legislativo europeu. Numa area ainda recente para o Direito, e em especial para o direito da Uniâo Europeia, mas em forte desenvolvimento visto tratar-se de uma das prioridades da Comissâo na sua composi§âo 2019-2024, justifica- se uma anâlise documental em jeito de revisâo sistemâtica da literatura com o foco em documentos institucionais da Uniâo Europeia. Depois de a Comissâo publicar, em 19 de fevereiro de 2020, um Livro Branco sobre a inteligéncia artificial numa abordagem europeia virada para a exceléncia e a confianga, ficaram definidas as opgoes polfticas. No sentido de o leitor poder acompanhar a evolugâo impulsionada pela Comissâo Europeia em poucos e recentes anos ate ao esperado surgir de regulamento do Parlamento Europeu e do Conselho que estabelecerâ, julga-se para breve, as regras harmonizadas em matéria de inteligéncia artificial, no seguimento da proposta da Comissâo de abril de 2021, surge documentagâo que orienta a Uniâo Europeia e posiciona a abordagem a seguir pelos Estado-Membros na legislagâo futura.
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    Decentralisation of FinTech Business Models
    (Springer, 2022-04-21) Leal, Fátima; Teixeira, Maria Emília; Moreira, Fernando
    Digital transformation could change our daily routines, from currency to the purchases. Specifically, financial sector aims to efficiently supply distinct services using an infrastructure by relying on a centralised authority to manage and coordinate transactions at specific prices. In turn, final customers constantly seek to lower costs, quality, and reliability. Moreover, costumers desire less documentation and bureaucracy which hinder the access to financial services and credits. Financial system needs to create a digital strategy at the organisational level to address technology challenges and satisfy user’s needs. In this scenario, financial and technology domains have been integrated originating FinTech business models with significant impact. Therefore, this paper contributes not only with a technology background which allow to explore new FinTech-based business models but also describing existing business models employed in the market. Moreover, we present a comparison among traditional and FinTech-based models allowing to analyse the financial progress. The paper identifies, still, future research opportunities including regulation of decentralised financial business models.
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    The regulation of artificial intelligence in the context of the European Commission's priorities
    (AHFE International, 2022-04) Silva, Maria Manuela Magalhães; Ferreira, Maria João; Alves, Dora Resende
    Based on the concept of artificial intelligence (AI) and its understanding of European Union law, documentary and institutional reference points are presented to raise some reflections on the subject as a regulatory focus and its links with the values of the Union and fundamental rights.Organizations in recent years, due to Digital Transformation, have undergone a massive r(evolution) at the social, economic, and technological levels. This wave of transformed enterprises is achieved by technology enablers, often referred as digital transformation (DT) enablers which include (1) cloud, (2) mobile, (3) social, and (4) big data – analytics. Innovation accelerators like IoT, Robotics, Augmented and Virtual Reality, Cognitive Systems and Next-Generation Security and Artifical Intelligence are often also playing a part in this process of digital transformation. AI can be defined as "the theory and development of computer systems capable of performing tasks that normally require human intelligence". So, Artificial intelligence refers to systems or machines that mimic human intelligence to perform tasks. Tasks that they can iteratively improve based on the information they collect. in this frame, soon, AI technologies will have a significant impact in many areas of the working world, namely medicine, law, or accounting.In this context, the reflection/question to be asked is whether the use of artificial intelligence is correct. This requires a deeper understanding of law in an algorithmic world to provide individuals with effective rights against unfair and socially detrimental artificial intelligence applications and simultaneously inform organizations with the point of view of justice in the use of AI. The discussion on the need for regulation of artificial intelligence arises in European Union law at least since 2018 for the creation of institutional documents from the outset in search of a legal definition for AI. Some path was followed until the proposed regulation of 2021, for a European Parliament and Council Regulation establishing harmonized rules on artificial intelligence (document COM/2021/206 final of 21.04.2021). And it has been developed because it was assumed as a priority by the European Commission in its 2019-2024 composition, as well as in the rotating presidencies of the Council of the Union, as was the case of the recent Portuguese presidency on 1st semester of 2021.After a doctrinal framework and resorting to European Union documentation through a methodology of document analysis, we seek to frame this matter in the Commission's priorities, either in legislative acts or in soft law documents.Various electronic addresses are also used, for access and as a source, since the use of computer platforms is, after all, the basis of the focused subject. Thus, despite the debatable academic value, the institutional addresses are made available here, which will be an effective form of access and represent the execution and exercise of some of the ideas put forward by the authors.
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    Some notes on the commercial concession contract
    (Adjuris, International Academic Publisher, 2022) Carvalho, Sónia de
    The concession contract, to which the majority of legal scholars recognize the legal nature of a framework contract, is a commercial contract, which establishes a complex and long lasting contractual relationship, under which the grantor undertakes to sell to the concessionaire, and the latter to buy from him, for resale, a certain quantity of goods, assuming the risk of marketing the goods. The integration of the dealer, who acts on its own behalf and in its own name, in the grantor's network, is ensured by the compliance with certain obligations, relating to commercial policy and promotional and after sales services, under the control and supervision of the grantor. The concession contract started out as a sales contract concluded between the producer and the trader, who acted in his own name and for his own account, characterised by the existence of an exclusivity clause in favour of the latter, provided that he undertook to purchase a certain quantity of products. This negotiating scheme has, however, undergone alterations as a result of the greater integration of the distributor in the network of the licensor, resulting from the complex web of rights and duties around the parties, with emphasis on the transformation of the exclusivity clause, hitherto considered a social type element, into one of several possible clauses of the contract. Considering that we are dealing with a legally atypical, but socially typical contract, it is necessary to point out the most relevant clauses of the contract, which are essential to sustain that this contract belongs to distribution contracts, an autonomous category. The supply chain crisis currently experienced worldwide following the Pandemic COVD 19 and the role that this contract can play in the commercial distribution, by allowing the manufacturer to achieve greater efficiency in the distribution of its products, justifies the analysis of the main features of this contract.
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    Artificial intelligence related to education as seen by the European Union
    (IATED Academy, 2022-03) Silva, Maria Manuela Magalhães; Alves, Dora Resende; Ferreira, Maria João
    Each year, the Commission presents the Digitality indices of the Economy and Society (IDES) and Portugal appears relatively well-positioned compared to the European average. However, will this indication be enough to educate new generations regarding the desired digital transformation?. More than 80% of young people in Europe use the internet for social activities, but on the other hand, the lack of knowledge about fundamental rights and the exercise of citizenship is still worrying. European and national citizenship are not fully exercised and we are already moving towards the construction of a new digital citizenship with new associated rights. What makes you question whether education is achieving its ends?. As new technologies, how could the use of Artificial Intelligence (AI) be aimed at guaranteeing the educational process towards a better use of democracy in EU? The literature presents several definitions of AI; according to the British one, AI can be defined as "the ability of a digital computer or computer-controlled robot to perform tasks normally associated with intelligent beings". And, it is in this context, the use of AI goes through the most varied fields of action ranging from society in general to areas such as medicine, production, and education. In the education area, the object of this study, AI, is used for several purposes: (i) institutional use - (1) marketing to prospective students, (2) calculating class sizes, (3) planning curricula, and (4) allocating resources such as financial aid and facilities. (ii) Student support - (1) help in automatically scheduling their course load, (2) recommendation of courses, majors and career paths (such recommendations are based on how students with similar data profiles performed in the past, (3) just-in-time financial help (Educational institutions can use data on students to provide them with microloans or advances at the last minute of payment if they need the money to, for example, reach the end of the semester and not drop out. (iii) Preventing dropout through predictive analytics by providing early warnings by analyzing a wide range of data, e.g., academic, non-academic, and operational data. (iv) And, the last but not the least, educational institutions already apply IA in training/teaching, using IA-based software systems that respond to the pace and progress of individual students. The system evaluates students' progress and recommends, or automatically delivers, specific parts of a course for students to review and/or additional resources to consult. However, in this context, although AI-based systems can successfully help the presented activities, some cautions and issues arise, namely student autonomy and privacy. This study intends to take a look into the legislative and preparatory documents and cases presented in the literature that enshrine the issue of digital education and the use of Artificial Intelligence. For this, an integrative literature review will be used. From a theoretical and academic perspective, it is consolidated through the systematic and methodologically selected normative interpretation of national and international legal texts and the law of the European Union. Without presenting quantitative data, the intention is to bring to the discussion and debate the contribution of Artificial Intelligence in digital education as framed in the legislative intentions of the EU.
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    Post-mortem insemination and embryo transfer: Analysis of portuguese law and public policies
    (2022-03-07) Costa, Eva Dias
    The Portuguese law of medically assisted reproduction prohibits post mortem insemination. [...]
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    Schooling in a prision environment
    (IATED, 2022) Guimarães, Ana Paula; Silva, Maria Manuela Magalhães; Rebelo, Fernanda
    Schooling and learning are fundamental in the development of a society, whatever it may be, they are the engine of progress and evolution. We conducted this study in order to understand the level of schooling of the Portuguese prison population. For this purpose, we used the data from the most recent official sources available and the most pertinent national legislation. We concluded that the Portuguese prison population is characterised by having a low level of schooling and we searched for the solutions legally foreseen to overcome this deficit in the population concerned. In fact, the law provides for education, vocational training, work and occupational activities as a way to contribute to the social reintegration of the inmate. It should not be forgotten that today's prisoners will be free tomorrow and that social reintegration is also done this way: by teaching and educating, providing tools to prisoners so that in the future they can adopt a socially responsible life. Schooling and learning are unquestionable capitals for social integration, for obtaining employment, for participation in civic life, for the rebirth of life of an ex-prisoner and education is a fundamental right of all citizens, foreseen in the Constitution of the Portuguese Republic.