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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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 Artificial intelligence related to education as seen by the European Union2022-03 - Ferreira, Maria João; Alves, Dora Resende; Silva, Maria Manuela MagalhãesEach 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.Publicação Acesso Aberto Notes about digital education in democracy and education about the European Union2021 - Alves, Dora Resende; Ferreira, Maria João; Silva, Maria Manuela MagalhãesDigitalization 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.Publicação Acesso Aberto The European citizens' initiative within democracy context2017-05-28 - Campina, Ana; Alves, Dora Resende; Silva, Maria Manuela MagalhãesHuman Rights, Democracy, and the Rule of Law are the main European values that supported the construction of the European Union (EU). The European citizenship initiative is a right that was introduced by the Lisbon Treaty as a new instrument for participative transnational democracy.Publicação Acesso Aberto Migrants and refugees in European Union: “Warm peace”, Human Rights education and political sustainability2019 - Campina, Ana; Silva, Maria Manuela MagalhãesNowadays European Union migrant’s situation, named as a crisis, has begun during the II World War due the Holocaust. Considering the EU position and their state member facing serious Human Rights violation as well as a political complex diplomatic development (inside and outside) the European context. Holocaust has obliged millions of European citizens to “escape” from their own countries to be able to survive. The political consequences of this movement were controlled based on the diplomacy considering the war context and each state “position”. Due the most different reasons, along the 20th century the migration in, from and to Europe was an important and strong social movement but without a negative global political impact but economical. However, the last decade, especially after 2010 with the “Spring Arab” revolutions in Middle East and North Africa, Europe has been the destination of millions - illegal migrants and Refugees.Publicação Acesso Aberto Migrants and Refugees in European Union: “Warm Peace”, Human Rights Education and Political Sustainability2018-11 - Campina, Ana; Silva, Maria Manuela MagalhãesNowadays European Union migrant’s situation, named as a crisis, has begun during the II World War due the Holocaust. Considering the EU position and their state member facing serious Human Rights violation as well as a political complex diplomatic development (inside and outside) the European context. Holocaust has obliged millions of European citizens to “escape” from their own countries to be able to survive. The political consequences of this movement were controlled based on the diplomacy considering the war context and each state “position”. Due the most different reasons, along the 20th century the migration in, from and to Europe was an important and strong social movement but without a negative global political impact but economical. However, the last decade, especially after 2010 with the “Spring Arab” revolutions in Middle East and North Africa, Europe has been the destination of millions - illegal migrants and Refugees.Publicação Acesso Aberto The value of new technologies in participatory democracy: the case of the European Citizens’ Initiative2018-10 - Ferreira, Maria João; Alves, Dora Resende; Silva, Maria Manuela MagalhãesPublicação Acesso Aberto La importancia de las nuevas tecnologías en la democracia participativa: El caso de la Iniciativa Ciudadana Europea2019-06-21 - Ferreira, Maria João; Alves, Dora Resende; Silva, Maria Manuela MagalhãesLa participación democrática sigue siendo el camino a seguir por las sociedades que buscan una paz estable mediante el ejercicio de una ciudadanía activa. Desde 2012, el instrumento Iniciativa Ciudadana Europea está presente en el proceso de elaboración de las disposiciones jurídicas y normativas de la Unión Europea. Uno de los aspectos de esta ciudadanía es el de permitir a los ciudadanos que se involucren en la toma de decisiones a través de la participación en el ejercicio del trabajo legislativo. El Tratado de Lisboa introdujo el derecho a la Iniciativa Ciudadana Europea (en ingles, ECI). El objetivo era implicar activamente a los ciudadanos en la toma de decisiones en Europa, ofreciéndoles una forma indirecta de iniciativa legislativa. Las tecnologías de la información (TI) son, en general, la base de las organizaciones modernas, y los cambios en este campo se producen a un ritmo vertiginoso, deteniendo el desarrollo de los modelos tradicionales y obligando a las organizaciones a implementar nuevos modelos, nuevas formas de trabajar y comunicarse. En este contexto, la Comisión Europea, sin ignorar la relevancia y las transformaciones inherentes al uso de las Tecnologías de la Información, ha incluido el uso de estas tecnologías en varios ámbitos, concretamente en la Iniciativa Ciudadana Europea. En esta investigación se analiza en qué medida una plataforma, disponible en el contexto de la Iniciativa Ciudadana Europea, se utiliza en las peticiones y la evolución de su uso hasta la finalización de la revisión en 2018.Publicação Acesso Aberto The regulation of artificial intelligence in the context of the European Commission's priorities2022-04 - Ferreira, Maria João; Silva, Maria Manuela Magalhães; Alves, Dora ResendeBased 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.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.