CEID - Contribuições em Revistas Científicas / Contribution to Journals
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- A cláusula resolutiva expressa como síntese da autonomia e da heteronomia (considerações a partir da análise de uma decisão judicial)Publication . Proença, José Carlos BrandãoDepois de termos lido o acórdão do STJ, de 19/11/de 2009, resolvemos, para um aggiornamento, regressar a um tema ao qual dedicámos alguma em escritos da década de 80. Nos últimos anos, a cláusula resolutiva expressa tem merecido bastante atenção por parte da doutrina franco-italiana, destacando-se, entre nós, como abordagem mais recente, as páginas dedicadas por Romano Martinez à figura em causa. Face à percepção da existência, no tempo mais recente, de um conjunto amplo de decisões sobre a resolução convencional, decidimos tomar por referência o acórdão relatado pelo Conselheiro Serra Baptista com o objectivo de também podermos aferir do estado da jurisprudência sobre certos pontos mais sensíveis que tocam a validade e a eficácia das cláusulas resolutivas.
- As cláusulas de earn-out na compra e venda de empresasPublication . Antunes, José EngráciaO presente estudo tem por objeto a análise do conceito, natureza e regime jurídicos das cláusulas dos contratos de compra e venda de empresa que condicionam a determinação do preço devido pelo comprador à verificação ou não verificação, durante um certo período posterior à conclusão do contrato, de um ou vários eventos futuros e incertos.
- Creating a child-friendly district: strengthening psychological first aid skills for women’s empowerment and child protection (PPPA) cadre in Pemalang regencyPublication . Wahanisa, Rofi; Pratiwi, Pradipta Christy; Prihastuty, Rahmawati; Rahmawati, Dyah Ayu; Adiyatma, Septhian Eka; Nugroho, Satrio SaktiViolence against women and children remains a persistent challenge in Pemalang Regency, with 62 cases reported in 2024. Women’s Empowerment and Child Protection (PPPA) cadres, mandated by local regulations, hold a strategic role in prevention and victim assistance; however, limited capacity constrains the effective implementation of protection policies. This community engagement program introduces an innovative Psychological First Aid (PFA) psychoeducation model that integrates psychological support with legal literacy for non-professional cadres. Delivered through interactive training, field practice, and a structured PFA module, the program enhanced cadres’ competencies in: (1) applying victim-centered communication, (2) connecting survivors to legal and health services, and (3) operationalizing the Child-Friendly District (KLA) policy at the grassroots level. Evaluation results demonstrated significant improvements in cadres’ knowledge and responsiveness. The novelty of this program lies in bridging PFA with the legal framework of women and child protection, thereby providing a replicable model for strengthening the law-in-action dimension of child-friendly policies in Indonesia.
- Image-based sexual abuse: changes in the Portuguese criminal frameworkPublication . Boas, Mariana VilasAs the concept of image-based sexual abuse is developed as a form of sexual violence against women that occurs growingly in the digital sphere, criminal law needs to be adapted in order to criminalise all the behaviours adopted by individuals that harm, particularly, women’s sexual freedom. This article discusses some of the changes imposed or advised by the Directive 2024/1385 and the Istanbul Convention to the Portuguese criminal framework.
- GPAI and the AI act: between regulatory innovation and application fragilePublication . Gregorio, Giovanni de; Muto, Giuseppe; Sartor, Giovanni
- Standard agreements: review of the principles pacta sunt servanda, good faith and fairnessPublication . Priyono, Ery Agus; Saputra, Dimas Almeida; Nugroho, Satrio Sakti; Asih, Dharu TriThe use of standardized contracts today shows one side of the dominance of the modern economy by business entities or companies and even banks. Agreement is one of the main sources in civil law relationships, where the parties involved have the freedom to determine the contents and form of the agreement in accordance with Article 1338 of the Civil Code. In practice, this freedom often does not take place in a balanced manner, especially in standardized agreements. This research focuses on the principle of justice in standard agreements, where the agreement should be able to fulfill a sense of justice for the parties. Justice is very important in standard agreements, to avoid exploitative practices and ensure equal legal protection between the parties. Based on this narrative, it is important to examine how the principle of justice is applied, protected, and enforced in standard agreements that develop in the community. The approach used in this study is normative juridical, focusing on secondary data. The results of the study show that the application of the fairness aspect of contracting in agreements or standardized contracts is still far from expectations. Agreements made in standardized forms tend to benefit one party who has a stronger bargaining position, who usually acts as the "designer" of the standardized contract.
- Climate change, urban planning and environmental migrantsPublication . Carvalho, RaquelClimate change has emerged as a key driver of contemporary migratory movements, alongside traditional causes such as conflict, political persecution, and economic hardship. Unlike war-related or economic migration, climate-induced displacement is typically largescale, involuntary, and permanent. Environmental migrants are often compelled to abandon their territories due to extreme drought, desertification, flooding, and climate-related diseases, with many relocating to urban centres already facing significant infrastructural and environmental pressures. The arrival of these populations exacerbates existing vulnerabilities, including the urban heat island effect, soil sealing, loss of biodiversity, and the overburdening of essential services such as healthcare, housing, food supply, and waste management. Furthermore, integrating culturally diverse, non-autochthonous groups poses additional challenges for social cohesion and governance. Methodologically, this paper is grounded in a theoretical framework and a systematic review of the relevant literature. By explicitly combining the themes of environmental migration, climate change, and urban planning, this study offers a novel perspective, highlighting the urgent need for anticipatory, inclusive, and solidarity-based urban planning aligned with Sustainable Development Goal (SDG) 11, integrating migration risk mapping to ensure sustainable and just urban development.
- A transposição e implementação em Portugal das medidas europeias de combate ao tráfico de seres humanosPublication . Gil, Ana RitaPortugal is both a country of origin, transit and destination of trafficking of human beings. Currently, it is primarily considered as a destination for labor exploitation, although there are still phenomena of trafficking of women for sexual exploitation and of children for the practice of robberies. As a country of origin, there are mainly cases of trafficking of men for labor exploitation in Spain. This study aims to analyze how the Portuguese legal system had to adapt to the changes required by the Council of Europe and the European Union in relation to the repression and prevention on the phenomenon of trafficking in human beings and the protection of victims. We will consider not only the legislative texts, comparing them with the European normative texts to verify their conformity, but also the existing plans and action programs, which demonstrate the combat activity in progress and the aknowledgement of the phenomenon in Portugal. Finally, we will take into account several studies that focus on the practical effectiveness of the legal regime, among which the recommendations of the Group of Experts on Action against Trafficking in Human Beings will assume partiular relevance. The current legislative framework for the repression of the phenomenon is the result of a long evolution. In the middle of the year 2000, there were only rules on the criminal repression of trafficking for the purpose of sexual exploitation, this being considered a crime against sexual freedom. With the signature of several Conventions and the transposition of some acts of the EU, there was a revolution on how the trafficking phenomenon should be treated. The crime of trafficking was thereafter considered a crime against personal freedom in general, covering a greater number of behaviors, in which Human Beings are treated as commercial objects for the purpose of various exploitation activities: sexual, labor, begging, slavery, removal of organs or other criminal activities and the trafficking of children for adoption. The enumeration of the exploitation types became merely illustrative. For its part, the criminal sanction was deeply modified, today being more burdensome than those required by European law. Also, an effort has been made to make the criminal investigation more effective, providing the competent police forces with adequate means, particularly those foreseen in the law on fighting against organized crime. European law has also demanded that the protection and rehabilitation of victims should be regulated in detail, both inside and outside the context of criminal proceedings. Thus, in Portugal, the victim's protection system is applicable, including measures such as the protection of identity, the use of recorded statements, as well as the access to a series of specific security measures and special programs of protection. Several social rights are also granted, such as equitable access to health care, legal advice and psychosocial assistance. There are already reception centers specifically designed to welcome victims of trafficking, managed by non-governmental organizations. In order to give proper treatment to the victims, Portugal has created a national victim reference mechanism in 2008, which defines the procedures for identifying probable victims and carrying out their identification and assistance, through the different institutions involved. A signage card for the victims has even been conceived, in which their rights appear in several languages. Portuguese legislation provides for the granting of residence permits to victims of trafficking, with a provision more favorable than that required by the European Union law, establishing that due to «the personal circumstances of the victim» this authorization may be granted even if the victim does not cooperate with the authorities. In 2008, the Observatory for Trafficking in Human Beings was created, and the various professionals involved received special training on human trafficking, Also, several guides and manuals for the professions involved have been conceived. On the other hand, three-year plans were developed, in which several objectives have been identified, such as the development of awareness campaigns, and the strengthening of cooperation between public entities and organizations and their adaptation to new forms of trafficking and recruitment. However, despite the fact that these developments are notable, in practice, both effective criminal repression and effective protection of victims face several challenges that claim for an urgent and comprehensive response. The complex legislative framework and the overlapping of legal types of crime and concurrent competences of the police forces are pointed out as ineffectiveness factors. On the other hand, there are few requests for compensation from victims, which shows deficiencies in the information on their rights. Regarding prevention, the Group of Experts and the Committee on the rights of the child continue to underline the existence of particularly vulnerable groups in Portugal, such as street children, who are easy preys for the trafficking for the purpose of labor exploitation. Concerning the protection of victims, there should be created a body of binding and articulated norms, designed to effectively guarantee multidisciplinary assistance and support measures. Many of the existing norms in this context are derived from general laws and have not been specifically designed for victims of the crime of human trafficking. The protection of children is especially urgent, since they are only entitled to the same protection system granted for other children in danger, which may not always be appropriate for the specific case of victims of trafficking. Plus, it is not always possible to guarantee effective access to social rights, such as education or leisure programmes. Moreover, despite the successive recommendations of the Group of experts, there are no legal provisions that guarantee the appointment of a tutor. Finally, there are some deficiencies in Portugal at the institutional level, since there is no independent national rapporteur to impartially evaluate the evolution of the measures in the country and make the pertinent recommendations.
- Competition law and democracy: markets as institutions of antipowerPublication . Henriques, Rita
- EditorialPublication . Pais, Sofia Oliveira