Silva, Maria Manuela Magalhães

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Silva

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Maria Manuela Magalhães

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Maria Manuela Magalhães Silva

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0000-0003-4261-7271
A118-1EE1-6B9A
F-4926-2013

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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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2020 - 202326
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Data final: 2023 × Data inicial: 2020 ×

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A mostrar 1 - 10 de 26
  • Miniatura
    PublicaçãoAcesso Aberto
    Artificial intelligence related to education as seen by the European Union
    2022-03 - Ferreira, Maria João; Alves, Dora Resende; Silva, Maria Manuela Magalhães
    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.
  • Miniatura
    PublicaçãoAcesso Aberto
    Notes about digital education in democracy and education about the European Union
    2021 - Alves, Dora Resende; Ferreira, Maria João; Silva, Maria Manuela Magalhães
    Digitalization can be defined as a socio-technical process of applying digitalization techniques in social and institutional contexts that make digital technologies infrastructural. The context of increasing digitalization and connection of the real world to the digital world has led to changes in people everyday lives, markets, business relationships and value chains. Education accompanies and adapts to the new digital age. Digital education is a political intention. But is it already a reality? The pandemic situation outbreak of COVID-19 in 2020 came, suddenly, to put the use of technologies at an immediate and high level, but perhaps without full preparation. This unexpected use demonstrates the imperative need for concerted action to guarantee conscious and democratic access. If education values digital, another question arises as how to use the new ways to achieve a priority for the European Union: education about the European Union. It seems so obvious and simple and it is still so fragile and scattered. European literacy is still a skill to be acquired at a minimum level for most of the population in the Member States, as known by the Commission. In this context, it is intended to debate the valuation of the European Union's intentions in achieving access to digital media for education. This study, based on the literature review methodology, intends to look at the legislative and preparatory documents and cases presented in the literature that consecrate the issue of digital education. For this purpose, an integrative literature review will be used. Theoretical-academic, it is consolidated through systematic and methodologically selected normative interpretation of national, international legal texts and European Union law.
  • PublicaçãoAcesso Aberto
    As novas declarações de direitos digitais: uma abordagem inicial
    2022-04 - Alves, Dora Resende; Silva, Maria Manuela Magalhães
    As novas tecnologias digitais de comunicação e informação, presentes hoje em todas as vertentes da vida dos cidadãos, necessitam de regulamentação jurídica, como uma faceta recente da vida em sociedade e, como tal, nela há que garantir o respeito pelos direitos dos cidadãos que possam ser afetados. Foram as primeiras declarações de direitos (1776 e 1789) que abriram caminho ao Estado constitucional e ao valor do Estado de direito, tão delicado, afinal. Como se observa pelas preocupações na União Europeia relativamente a alguns países como a Polónia e a Hungria, a realidade de integração ímpar construída desde 1950 depende também ela do respeito pelos direitos fundamentais. Nisso, a União Europeia criou também o seu elenco de direitos pela Carta de Direitos Fundamentais da União Europeia (CDFUE) a par das consagrações constitucionais nacionais dos Estados-Membros. [...]
  • Miniatura
    PublicaçãoAcesso Restrito
    O direito à Educação no contexto do Estado de Direito
    2023-02 - Silva, Maria Manuela Magalhães; Alves, Dora Resende
    Não obstante as vicissitudes do direito à educação será que se mantém como direito fundamental para a defesa e evolução do Estado Direito nos nossos dias? É possível encontrar o direito à educação consagrado quer ao nível do direito interno dos Estados, nos textos constitucionais, quer ao nível do direito internacional seja em organizações gerais, como as Nações Unidas (ONU), ou regionais [...]
  • PublicaçãoAcesso Restrito
    Education for access to European Union Law through the use of digital technologies
    2021 - Silva, Maria Manuela Magalhães; Alves, Dora Resende
    The chosen theme is related the effective application of EU rules as an important aspect for European citizens that affects their daily lives and how citizens feel proximity to EU law. The problem is not always the absence of EU legislation, but the fact that it can be known and applied effectively. Education about the EU is a challenge that requires a greater emphasis on implementation in order to serve the general interest. And what role does the use of digital technologies play in this context? How can the use of these technologies bring citizens closer to the functioning of the EU? Will there be a strengthening of democracy on this path? How it can assist education policy? Those are the questions to be answered. 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 European law enforcement procedures through the use of new technologies and without the support of education, such task becomes difficult.
  • Miniatura
    PublicaçãoAcesso Aberto
    O Tribunal de Justiça da União Europeia (TJUE) perante a transformação digital
    2023-04 - Alves, Dora Resende; Ferreira, Maria João; Silva, Maria Manuela Magalhães
    A União Europeia, enquanto organização de Estados, requer um quadro institucional desenhado desde 1951 e 1957, que se manteve e foi desenvolvido ao longo de 70 anos. [...]
  • PublicaçãoAcesso Restrito
    Developments for the contribution by the new technologies in the right to education: An European Law approach
    2023-03 - Alves, Dora Resende; Ferreira, Maria João; Silva, Maria Manuela Magalhães
    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.
  • Miniatura
    PublicaçãoAcesso Aberto
    Schooling in a prision environment
    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.
  • Miniatura
    PublicaçãoAcesso Aberto
    The regulation of artificial intelligence in the context of the European Commission's priorities
    2022-04 - Ferreira, Maria João; Silva, Maria Manuela Magalhães; 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.
  • Miniatura
    PublicaçãoAcesso Aberto
    As novas declarações de direitos digitais: uma abordagem inicial
    2022-11 - Alves, Dora Resende; Silva, Maria Manuela Magalhães
    As novas tecnologias digitais de comunicação e informação estão hoje presentes em todas as vertentes da vida dos cidadãos, de todas as gera ções. E o direito, como criação humana, não pode alhear-se desta trans formação (Rodrigues, 2020, p. 12). [...]