Mimoso, Maria João
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Mimoso
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Maria João
Nome
Maria João Mimoso
Biografia
Maria João Mimoso nasceu em Lisboa, em 1962, é Professora Associada, Doutorada, Mestre e Licenciada em Direito. Ao longo da sua carreira de docente do Ensino Superior, integrou várias vezes órgãos Científicos e Pedagógicos nas instituições onde lecionou e leciona. Atualmente é Coordenadora do Mestrado em Ciência Jurídica Forense, da Universidade Portucalense Infante D. Henrique. Integra o grupo de investigação "Processo" do Instituto Jurídico Portucalense – IJP. Participou em projetos de investigação na área da Ciência Jurídica, em Portugal e no estrangeiro, designadamente Co-relatora nacional do Specific Program Civil Justice, Civil Justice Action Grants 2009, the European Commission, University of Maribor, Faculty of Law, “Vereinfachte Forderungsbetreibung in der EU /Simplification of Debt Collection in EU” e como Relatora nacional do Specific Program Civil Justice, Civil Justice Action Grants 2012, the European Commission, University of Maribor, Faculty of Law, “European Dimension of taking of Evidence. A investigação que desenvolve centra-se no na contratação comercial, nacional e internacional, arbitragem nacional e internacional e investimento estrangeiro. É autora de uma dissertação e de uma tese, respetivamente Mestrado e Doutoramento em Direito na área da arbitragem comercial, bem como de vários artigos em revistas nacionais e estrangeiras e de diversos pareceres. Tem colaborado com vários escritórios de advogados e desempenhado, também, funções de árbitro.
Afiliação:
IJP - Instituto Jurídico Portucalense.
DD- Departamento de Direito.
Identificadores
F318-DBC8-0A23Projetos de investigação
Unidades organizacionais
IJP - Instituto Jurídico Portucalense
O Instituto Jurídico Portucalense (IJP) é um centro de investigação em ciências jurídicas que tem como objetivo principal promover, apoiar e divulgar a investigação científica nessa área do saber produzida na Universidade Portucalense e nos Institutos Politécnicos de Leiria e de Lisboa, suas parceiras estratégicas.
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Publicação Acesso Aberto The access to services of general economic interest as Human right2019-05 - Anjos, Maria do Rosário; Mimoso, Maria JoãoThe concept of services of general economic interest (SGEI) was enshrined in the Treaty of Rome in Article 90 (2) of its original version. It remained unchanged until the current version introduced by the Treaty of Lisbon. The services that public authorities of the EU member countries classify as being of general interest are, therefore, subject to specific public service obligations. They can be provided either by the state or by the private sector. The article 106 (2) TUE shows the importance of SGEI's by preserving the possibility of subtracting them from the principle of free competition which underlies the entire economic law of the EU. These are very profitable, monopolistic or oligopolistic economic activities, with all the resulting risks. We are talking about electricity, gas, water, telecommunications, transport, postal services, among others. The importance of access to these SGEI's led to the concept of universal service, it means that the goods and services they produce are essential to citizens life and social welfare (general interest), and, therefore, they are very important to the accomplishment of human rights and safeguard the survival and dignity of citizens. It is in this context that the principle of banning social setbacks Is particularly important. This study intends to reflect about the fundamental right of access to the services of general economic interest as an efective human right.Publicação Acesso Aberto Unidroit principles in international trade contracts’ regulation2019-05 - Anjos, Maria do Rosário; Sousa, Carla; Silva, Sara; Mimoso, Maria JoãoInternational trade has been facing a globalization process, which caused the inoperativeness of state laws in the field of business’s dynamics. It soon became necessary to create a range of rules to regulate these kind of relations. Firstly, merchants began to regulate them through habits and practices, that took roots over the years, in each market sector (lex mercatoria). After the first world war, there were several attempts to create a harmonized normative system, which would control international trade contracts. One of the main institutions that has widely contributed to the harmonization and unification of the commercial law is, undoubtedly, the UNIDROIT Institute, through its principles, which had been improved and completed throughout time, applying its rules to several legal systems. This research intends not only to describe the importance of these principles but also to demonstrate its contribution to international trade and explain the reason for its success. Moreover, the upgrades introduced in the last version (2016) will be mentioned. At last, we will focus on the legal nature of these principles.Publicação Acesso Aberto Services of general economic interest and foreign investment: Risks, opportunities and protection of human right2019-03 - Anjos, Maria do Rosário; Mimoso, Maria JoãoThe concept of services of general economic interest (SGEI) was enshrined in the Treaty of Rome in Article 90 (2) of its original version. It remained unchanged until the current version introduced by the Treaty of Lisbon. The services that public authorities of the EU member countries classify as being of general interest are, therefore, subject to specific public service obligations. They can be provided either by the state or by the private sector. The article 106 (2) TUE shows the importance of SGEI's by preserving the possibility of subtracting them from the principle of free competition which underlies the entire economic law of the EU. These are very profitable, monopolistic or oligopolistic economic activities, with all the resulting risks. We are talking about electricity, gas, water, telecommunications, transport, postal services, among others. Their importance led to the concept of universal service, it means that the goods and services they produce are essential to citizens life and social welfare (general interest), and, therefore, they are very important to the accomplishment of human rights and safeguard the dignified survival of citizens. These are activities that attract a great deal of interest from foreign investors, both in the EU economies and outside the EU. This study intends to reflect on the comparative principles in the analysis of the best model of market organization in the perspective of better serving the general interest of citizens and companies that operate in these markets. The research question, in summary, is: What are the risks of the global liberalization of the markets that supply goods and services of general interest?Publicação Acesso Aberto The case study in learning law2018 - Mimoso, Maria João; Caramelo-Gomes, José; Magalhães, BárbaraThe present study is a reflection on the method of case study in learning law. To achieve this purpose we will discuss the traditional method and its limitations to the challenges of law in the era of globalization. We will emphasize the urgent need to implement the case study method in Portuguese law schools, as an instrument that enhances the active participation of the student, protagonist in the process of learning and knowledge acquisition. It is intended that students develop critical thinking and be able to reflect on their own learning process. A review of the literature will be carried out, which will seek to contextualize, at present, the reflexivity with the pedagogical objective. Use shall be a deductive reasoning, based on the general reality of teaching to learning the law, underlining the importance of the case study method for the development of didactic and pedagogical dimension. At the end of this tour we will be able to discern the extent of the right learning, seeking a methodological model capable of mobilizing students for their new role, participatory and critical.Publicação Acesso Aberto European regulation of international private relations: The emergence of a European private international law2019 - Anjos, Maria do Rosário; Mimoso, Maria JoãoThere is no doubt that we are experiencing increasing integration on the part of the European Union, which has triggered a growing substitution of Member States' legislation. Of all the sectors of law, private international law (PIL) is the one where the most influence of the EU is felt. Thus, our aim is to address a specific issue: the implications of the Amsterdam and Lisbon Treaties on private international law from the internal source. The communitarisation process increased sharply from these two milestones, as we shall see, have announced the death of the classic PIL. We will discuss the implications of the new powers of the European Union bodies in the PIL and the contribution of the Court of Justice of the European Union on the relevance of Community freedoms under the PIL. Therefore, a review of the literature and an analysis of some of the legal texts that matter to the PIL will be carried out. We want to highlight the changes that have taken place not only in terms of the competence of the European institutions in PIL but also in the strengthening of community freedoms. The deductive method will be used in the process of analyzing the transformations that have taken place in the field of PIL in order to conclude the true Europeanization of the PIL.Publicação Acesso Aberto A flipped classroom in law teaching2019-07 - Anjos, Maria do Rosário; Mimoso, Maria JoãoGlobalization has introduced changes in communication between people, also affecting education in general. The intensification of the free circulation of people had generated a rethink of Higher Education. The Bologna Declaration operated a veritable "Copernican Revolution" advocating a European Higher Education Area and consequently the implementation of new teaching methodologies. In the teaching of the law there is a total absence of didactic and pedagogical training. The teaching indifference contributes to the lack of interest of students, with a negative impact on the acquisition of professional skills. We intend that this study constitutes one hand, a provocation, and the other, a critical reflection on the teaching of law in Portugal. As a result of our experience as Teachers of Higher Education in the area of Law, we implemented the flipped classroom methodology. The classroom becomes the place for teacher-student interaction, encouraging the latter to take a more active stance, collaborating in the construction of his knowledge. The results show great commitment of the student regarding this learning teaching method.Publicação Acesso Aberto Inclusive education at higher education in law2018 - Anjos, Maria do Rosário; Miranda, Carlos; Mimoso, Maria JoãoThe enrollment of students with special educational needs (SEN) in higher education has been increasing and is a reality of the 21st century. This increase is visible in all areas of higher education, including the teaching of law. This new reality is a challenge and an imperative of human rights. However, the realization of this fundamental right makes it necessary to deepen the reflection on inclusive education. This article aims to discuss the challenges of inclusive education in higher education in general and mainly in the teaching of Law. We do a legal approach around the constitutional guarantee of inclusive education in Portugal, complemented by the analysis of the main problems and limitations of the necessary resources. Therefore, we look at the specific problems of inclusive education in the teaching of law, which require special attention from the public authorities involved and the educational institutions. As we see it, the most important problems to be solved are: defining the objectives to be achieved; eligibility of students with special educational needs; need for specific pedagogical training of higher education teachers for inclusive education and the implementation of educational support for these students. We conclude with the need to respond to the problems stated in order to get a truly inclusive teaching, in which all can participate in the definition of strategies for the overcoming of differences and difficulties.Publicação Acesso Aberto Conflict prevention in the implementation of large and complex contracts2018 - Anjos, Maria do Rosário; Mimoso, Maria JoãoGlobalization and the consequent opening of markets abroad imposed the modernization and development of infrastructure. Investments for the respective implementation require the execution of highly complex contracts and the need to sub contract partners in accordance with the required expertise. A simple delay in the fulfillment of one of these instruments is reflected in terms of the smooth progress of work. We intend to demonstrate that the Dispute Boards are a means of resolving disputes, avoiding either arbitrators or the courts. This figure rises concurrently with the contract, in order to assist the parties to overcome the resolution of any conflicts during the contractual iter. A literature review will be carried out, contextualizing the figure in the analysis of large projects environment. Use shall be a deductive reasoning, based on reality and existing regulatory mechanisms, stressing the importance of Disputes Boards for the maintenance and success of contractual relations. The Disputes Boards provide for the settlement of disputes during the execution of the contract, quickly and adapted to the specificities of the contract, avoiding either the use of contentious means (arbitration and state justice) or damages caused by delays in performing the work. The Disputes Boards thus provide a means of facilitating conflicts, enhancing the good relations between the parties, allowing the technicians of their confidence to handle all the contractual instruments. It will be demonstrated through real examples, infrastructure projects, namely the Eisenhower Tunnel and Eurotunnel.