Silva, Maria Manuela Magalhães
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Último Nome
Silva
Primeiro Nome
Maria Manuela Magalhães
Nome
Maria Manuela Magalhães Silva
Biografia
Identificadores
A118-1EE1-6B9A
F-4926-2013Projetos 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 right to education as a fundamental right in democracy2017 - Silva, Maria Manuela MagalhãesTo know whether the right to knowledge is achieved through constitutional law on education and how it can be found to be enshrined both in the domestic law of the States and in European Union law. The theme is of greater relevance to fundamental rights in the today’s political agenda. The purpose of this analysis is to demonstrate that the role of universities is crucial, and that the EU actively promotes education. These are the ways to promote development. In the Portuguese national dimension, the right to education is presented in the Constitution. In international European law is also enshrined. In any case there is a positive dimension in this right that involves the intervention of States. Through a methodology with literature revision of national legal texts and EU law it is possible to analyze the progress achieved historically towards the integration objectives in the Member States' recommendation to make education systems more adequate and inclusive.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 Aberto State evolution and conception of the right to education as a fundamental right2018-02-02 - Alves, Dora Resende; Silva, Maria Manuela MagalhãesThe question arises as to whether the conception of the right to education as a fundamental right has accompanied the evolution of the democratic state.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 Aberto The right to education as a fundamental right in democracy2017-08-27 - Alves, Dora Resende; Silva, Maria Manuela MagalhãesTo know whether the right to knowledge is achieved through constitutional law on education and how it can be found to be enshrined both in the domestic law of the States and in European Union law. The theme is of greater relevance to fundamental rights in the today’s political agenda. The purpose of this analysis is to demonstrate that the role of universities is crucial, and that the EU actively promotes education. These are the ways to promote development. In the Portuguese national dimension, the right to education is presented in the Constitution. In international European law is also enshrined. In any case there is a positive dimension in this right that involves the intervention of States. Through a methodology with literature revision of national legal texts and EU law it is possible to analyze the progress achieved historically towards the integration objectives in the Member States' recommendation to make education systems more adequate and inclusive.Publicação Acesso Aberto Policy, law and education for human rights in European Union: Legality and social needs dichotomy2017 - Campina, Ana; Costa-Lobo, Cristina; Menezes, José; Silva, Maria Manuela MagalhãesConsidering the Human Rights paradigm change in the present century, the international legality, as the education, needs and proceedings, it´s important to understand the reasons of this renew human, and consequently social, context, translated in the legality as in the way of living. The terrorist attacks and the extremely security international measures; the anti-Semitic ideology proliferation, the racism and discrimination dangerous rates; renew Refugees waves; the economic crisis conducting millions to the real poverty; social capacity absence to understand and (re)act according to the needs, facing the violence and Rights violations are the most important causes of the change analysis of this research. The European Union faces these problems and changings according the Human Rights protection law despite the different difficulties. However, all over the world, there is an important dichotomy between legality and social needs that should be a priority to the “powers” aiming the Human Rights promotion.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 Aberto European Union, Citizenship and Migration: Human Rights Education2018 - Campina, Ana; Silva, Maria Manuela MagalhãesPublicação Acesso Aberto State evolution and conception of right to education as a fundamental right2019 - Alves, Dora Resende; Silva, Maria Manuela MagalhãesThe right to education as a fundamental right has followed the evolution of the democratic State and it can be found both at the level of the internal law of the States, in the constitutional texts and in international law. It appears in the Constitution of the Portuguese Republic of 1976, inserted in the economic, social and cultural rights and is consecrated in the European Union. Always as a value associated with the rule of law and democracy.Through a methodology with literature revision of portuguese national legal texts and of the EU law it is possible to analyze the progress achieved historically towards the impletation of the education as a fundamental right.Publicação Acesso Aberto The right to education as a fundamental right in democracy2017-02-03 - Silva, Maria Manuela MagalhãesTo know whether the right to knowledge is achieved through constitutional law on education and how it can be found to be enshrined both in the domestic law of the States and in European Union (EU) law.