Silva, Maria Manuela Magalhães
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Silva
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Maria Manuela Magalhães
Nome
Maria Manuela Magalhães Silva
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A118-1EE1-6B9A
F-4926-2013Projetos de investigação
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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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Publicação Acesso Aberto A história Constitucional portuguesa e a adaptação da atual Constituição da República Portuguesa à integração Europeia: breves notas.2009 - Silva, Maria Manuela Magalhães; Alves, Dora ResendePublicação Acesso Restrito Soberania e União Europeia2007-12 - Silva, Maria Manuela MagalhãesA criação pelos Estados contemporâneos de novos instrumentos para se relacionarem entre si constitui uma das principais modificações experimentadas, no século XX, pelo Direito Público. [...]Publicação Acesso Restrito Princípios gerais do direito internacional do desenvolvimento1999-07 - Silva, Maria Manuela MagalhãesNuma dimensão pós-colonial, um dos traços dominantes que distingue as sociedades humanas é o desigual desenvolvimento das suas economias. A descolonização dos anos 50 não só veio trazer novos Estados para a cena internacional, como também veio introduzir uma nova dimensão da desigualdade até aí ignorada: o subdesenvolvimento. [...]Publicação Acesso Restrito Education for access to European Union Law through the use of digital technologies2021 - Silva, Maria Manuela Magalhães; Alves, Dora ResendeThe 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.Publicação Acesso Restrito Developments for the contribution by the new technologies in the right to education: An European Law approach2023-03 - Alves, Dora Resende; Ferreira, Maria João; Silva, Maria Manuela MagalhãesThe 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.Publicação Acesso Restrito Parecer da Universidade Portucalense Infante D. Henrique: Parecer sobre o Anteprojecto da Lei Eleitoral1998-03-01 - Silva, Maria Manuela MagalhãesSe todos os cidadãos pudessem intervir directamente na tomada de decisões políticas, exercendo o poder político de uma forma democrática directa, seria possível uma completa identificação entre as aspirações e necessidades de todos os cidadãos e esse poder. [...]Publicação Acesso Aberto Schooling in a prision environment2022 - Guimarães, Ana Paula; Silva, Maria Manuela Magalhães; Rebelo, FernandaSchooling 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.Publicação Acesso Restrito A abertura da Constituição Portuguesa aos cidadãos2023-12-01 - Silva, Maria Manuela Magalhães; Alves, Dora ResendeSurge este texto como forma de prestar homenagem pessoal ao Professor Doutor António Pinto Monteiro, ilustre civilista, também enquanto docente da Universidade portucalense Infante D. Henrique, inserindo-se em obra coletiva mais vasta que visa contribuir para uma justa e devida Homenagem a este Mestre pelo Seu percurso notável, dedicado e ilustre, e amigo. [...]Publicação Acesso Restrito Education for the value of rule of law in the European Union2022-07 - Alves, Dora Resende; Silva, Maria Manuela MagalhãesThe 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.Publicação Acesso Restrito A iniciativa legislativa de cidadãos como instrumento de democracia: destaque para a União Europeia2021 - Alves, Dora Resende; Silva, Maria Manuela MagalhãesUma das facetas da democracia é permitir aos cidadãos envolverem-se na tomada de decisões através do exercício da iniciativa legislativa. Acontece a nível nacional e da União Europeia. (...)