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- Os estatutos sociais: noção, elementos e regime jurídicoPublication . Engrácia Antunes, José
- EditorialPublication . Pais, Sofia Oliveira
- The Bervidi case: a critical analysis and reflections on the future of work-life balance protectionPublication . Rouxinol, Milena da SilvaThis paper focuses on the Bervidi judgment of the Court of Justice (Case C-38/24, 11 September 2025), which addresses discrimination on the grounds of disability, prohibited by Council Directive 2000/78/EC. According to this judicial ruling, it can be concluded that, where the caregiver of a person with a disability is concerned, the failure to provide reconciliation measures in their favour constitutes discrimination based on that very ground, which is qualified as indirect discrimination by association. One of the questions immediately raised by the judgment is how the employer’s conduct would be characterized in a hypothetical scenario where the care recipient does not possess any disability. In such an event, the failure to implement measures facilitating the reconciliation of work and family life would trigger the application of Directive 2019/1158. In the light of the latter, could this give rise to a claim of discrimination? If so, on the basis of which protected ground? Consequently, taking the Bervidi ruling as its analytical departure point, this paper reflects upon the dichotomy established between caregivers of persons with disabilities and those caring for individuals without such conditions. In doing so, it revisits the long-standing ambiguities surrounding Directive 2019/1158, ultimately proposing potential avenues to overcome them.
- Direito de autorPublication . Antunes, Henrique Sousa; Bruguière, Jean-MichelReenvio prejudicial; Diretiva 2004/48/CE; Artigo 13.º; Propriedade intelectual e industrial; Violação; Cálculo de indemnizações por perdas e danos; Regulamentação de um Estado-Membro; Dobro da quantia das remunerações normalmente devidas – 2017/C 078/02)
- De Coleman a Bervidi: a discriminação (indireta) por associação com base na deficiência em diálogo com a tutela da conciliação trabalho-famíliaPublication . Rouxinol, Milena da SilvaEste texto analisa um recente acórdão do Tribunal de Justiça (da União Europeia), que mobiliza a figura da discriminação por associação, considerando que a mesma ocorre, sob a forma de discriminação indireta, em caso de omissão das medidas de adaptação razoável em benefício do cuidador de pessoa com deficiência. A análise é empreendida levando em conta a jurisprudência anterior da mesma instância, mormente aquela que recortou o conceito de discriminação por associação. Por outro lado, é estabelecido um confronto entre casos de prestação de cuidado a pessoa com deficiência e outros em que ele se dirige a destinatários que não possuem essa qualidade, pondo-se, assim, em evidência não só o risco de evolução da jurisprudência europeia num sentido ambivalente e porventura contraditório, como, por outro lado, a persistência da ausência de resposta à questão de saber se, no quadro europeu, existe discriminação e, nesse caso, com base em que fator, quando a entidade empregadora trata desfavoravelmente o trabalhador que exerça direitos de conciliação trabalho-família ou mesmo quando não lhe possibilite o exercício de tais direitos.
- Die gründung eines absolutistischen staates in Schweden im 17. Jh.: eine verfassungsgeschichtliche untersuchung zum politischen humanismus des Justus Lipsius (1547–1606) und zur humanistischen staatskunstPublication . Sardinha, CarlosThe Thirty Years War (1618-1648) was decisive in bringing Sweden to become a major power in Europe. King Gustav II Adolf's (1594-1632) ultimate goal was to prevent the creation of an universal monarchy by Spain and the House of Austria. Here we are particularly interested in the study of the modern state from the perspective of Neostoicism and the political humanism of the Flemish humanist Justus Lipsius (1547-1606). Justus Lipsius (1547-1606), the Flemish-born humanist who taught at both the University of Leiden and the University of Louvain, can be considered an important theoretician of humanistic statesmanship. The importance of Justus Lipsius (1547-1606) for the constitutional history of Sweden in the 17th century is due to the fact that, for example, his work Politicorum sive Civilis Doctrinae libri sex (1589), the so-called Politica, played an important role in the education of Gustav II Adolf (1594-1632), King of Sweden, and his daughter Christina (1626-1689), Queen of Sweden. Justus Lipsius (1547-1606) was a Neostoic. A prominent representative of humanistic statesmanship, his Neostoicism was the most influential political doctrine in Spain during the Baroque period. Nevertheless, Justus Lipsius (1547-1606) was also well known in Sweden at this time (17th century). The influence of Justus Lipsius (1547-1606) on teaching at the Uppsala University can be observed in dissertations that reflect the Lipsian tradition. Justus Lipsius (1547-1606) himself was aware that his teaching was important for the training of future holders of public office. Nevertheless, precisely because Justus Lipsius (1547-1606) tended to legitimize the raison d'état, the Stoic element also found its place in the academic debates with Lipsianism, namely at the University of Uppsala in the 17th century. Political expediency or the raison d'état of a modern State had to be in harmony with Natural Law. Stoicism is used here against relativism. The idea of a secular Natural Law develops on the basis of Neostoicism. On the other hand, however, it is assumed that the State represents power or military power and not just morality or moral authority. The subject of Lipsian investigation is therefore the reality of power and its preservation. The ethical justification of power on the basis of Neostoicism or the ethical problem of the raison d'état prompted Justus Lipsius (1547-1606) to investigate fraud in politics. In fact, fraud is permitted in political life because people are evil and cunning. Justus Lipsius (1547-1606) defines fraud as the behaviors which he calls minor fraud, medium fraud, and major fraud. When the common good requires it, Justus Lipsius (1547-1606) considers it appropriate to resort to minor fraud (distrust and secrecy) and medium fraud (bribery and deception), but not to major fraud (disloyalty and injustice). Lipsian raison d'état therefore allows for a weakened form of Machiavellianism, because, as Justus Lipsius (1547-1606) says, people are evil and cunning. In order to avoid the fall of the political regime, it is therefore necessary that the ruler, for example, knows and respects not only the strength of his government but also its constitution, which serves as the basis for foreign and domestic policy. It is also noteworthy that Justus Lipius (1547-1606) saw military power as the true basis of state governance, giving military affairs a proper place in financial policy within the framework of a true philosophy of the modern state, which symbolizes the demarcation of Lipsianism from the Mirrors for Princes literature. However, military discipline is not enough to achieve an adequate justification of political power. In this context, Neostoicism is considered a necessary justification for military force. Justus Lipsius (1547-1606) rejects Jean Bodin's (c. 1530-1596) idea of unlimited sovereignty, i.e., his idea of a supreme power in the State that is not bound by laws (rex legibus solutus), and thus advocates a moderate absolutism. From a constitutional point of view, the swedish Form of Government (Regeringsformen) of 1634 resulted in the creation of a monarchy in which a constitutional balance was maintained between the King, the Royal Council and the Swedish Estates (monarchia mixta). With the approval of the King, the foundation for swedish absolutism was laid down by the Estates of the Realm at the moment when the Estates of the Realm proclaimed the doctrine of divine right in the Swedish Parliament (Riksdag), which met in Stockholm in 1680.The Estates of the Realm ruled that the King was solely responsible before God. As a Christian ruler, he had the appropriate means to govern his kingdom.
- Nota da direçãoPublication . Cunha, Conceição; Freitas, Pedro Miguel
- La celebración telemática de las reuniones de los órganos sociales de las cooperativas en el ordenamiento jurídico portuguésPublication . Meira, Deolinda; Martins, Alexandre Soveral; Ribeiro, Maria de Fátima; Ramos, Maria Elisabete; Vasconcelos, PauloThe digitalization of the functioning of cooperative bodies may contribute to strengthening their democratic character and achieving more efficient management, provided that equitable access, the legal validity of electronically executed acts, and the protection of the fundamental rights of members —particularly their privacy— are ensured. Although the Portuguese Cooperative Code does not contain specific provisions regarding the telematic operation of social bodies, it allows for the supplementary application of the corporate regime established in the Commercial Companies Code for joint-stock companies, insofar as cooperative principles are not disregarded. This framework enables cooperatives to convene and hold virtual meetings, as well as to use electronic means for participation and the exercise of voting rights, provided that guarantees of authenticity, security, intelligibility, and fairness are observed. Furthermore, cooperatives are responsible for promoting the digital inclusion of all members, with the possibility of allocating cooperative education and training funds for this purpose.