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- A representação institucionalizada de interesses em PortugalPublication . Cardoso, José Lucas; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); Universidade Lusíada Editora
- Os Reflexos da lei Nº 14.010, de 10 de Junho de 2020, sob o prisma do princípio de acesso à justiça no período da pandemia do coronavírus (COVID-19)Publication . Fernandes, Aline Ouriques Freire; Veiga, Júlia Schütz; Alves, Alexandre Eli; Dandaro, Isabela Factori; NOVA School of Law|Faculdade de Direito (NSL|FD); Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); Centro Universitario Curitiba - UNICURITIBAObjectives: Through a doctrinal analysis, this article aims to analyze the impacts and reflexes of Law No. 14.010/20 on the principle of access to justice under the current context, considering the declaration of quarantine and isolation of the citizen, as well as the legislator’s concern in seeking to preserve and guarantee fundamental rights with the legislative innovation. Methodology: The current study has as methodology the exploratory and descriptive research, and its results are treated qualitatively, from the collection of information in secondary sources that aim to clarify the reflections of the new legislation, that is, Law No. 14.010/20, on the principle of access to justice. Results: In the process of conducting the research, it was possible to conclude that the legislation is correct and, when interpreted in accordance with the constitutional principle of access to justice, its main objective is to (i) ensure and strengthen such constitutional principle and (ii) guarantee citizens the exercise of their citizenship in the democratic rule of law. Contributions: The main contribution of the paper consists in recommending that policies of extra fiscal incentives be applied and evaluated considering the normative framework.
- A aplicação judicial do direito: a metodologia jurídica aplicada pelos juízes do Tribunal Penal InternacionalPublication . Carapêto, Maria João; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS)
- A administração da justiça na Lisboa de 1820 a partir da documentação do Arquivo MunicipalPublication . Camarinhas, Nuno; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); Câmara Municipal de Lisboa
- Legal brief on Human Rights and Environmental Due DiligencePublication . Bright, Claire; Íñigo Álvarez, Laura; Duarte, Ana; Oliveira, Rafaela; Pacheco, Sara; Sequeira, Benedita; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); NOVA School of Law|Faculdade de Direito (NSL|FD)
- Incentivos fiscais direcionados a suprir deficiência da saúde pública e impulsionar o reaquecimento econômico na pandemia covid-19Publication . Barboza, Ricardo Augusto Bonotto; Beraldo, Mariana Passos; Violante, Ana Flávia; Kurihara, Maiumy Teresa; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); Centro Universitario Curitiba - UNICURITIBAObjective: The paper analyzes the legal feasibility of granting possible tax incentives to face the pandemic. It seeks to assess whether said exempt measures are adequate in light of Brazilian constitutional and legal rules. Methodology: The present study uses the empirical and deductive method, through a quantitative approach; as for the procedure, it is a documentary research, through the revision of current doctrines and legislation, aiming to clarify the pertinence of interventionist policies in view of the characteristics of the national order. Results: It is concluded that urgent measures, in the most diverse areas, need immediate application to combat the progress and consequences of the disease. The survey showed that, in the Brazilian case, tax incentives aimed at heating the economy and health replenishment are appropriate and necessary responses, such measures are supported by the Federal Constitution and the Fiscal Responsibility Law. Contributions: The main contribution of the work consists in recommending that extra-fiscal incentive policies be applied and evaluated in the light of the Brazilian normative framework.
- Who Moderates the Moderators?Publication . Farinha, Martim; Matos Brandão, Diogo; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); NOVA School of Law|Faculdade de Direito (NSL|FD)This chapter tackles the intricacies surrounding the subject of content moderation in online platforms, concerning the problem of “over-blocking”, the chilling effects it causes on the freedom of speech of users and how it affects user empowerment. It does so by analysing the evolution of the legal framework on content moderation of the last twenty years, focusing the Atlantic dialogue between European Union Law, the e-Commerce Directive, and the Content Decency Act and Digital Millennium Copyright Act. Concretely, it demonstrates the previous framework's pitfalls in ensuring the fundamental rights of freedom of expression and right to information, and how the economics of content moderation allowed for a “false positives” phenomenon (“over-blocking”). It then argues that the more pernicious effect of this comes in the form of chilling effects on users being weaponized for commercial and or political means. It concludes by scrutinizing the recent Digital Services Act’s provisions regarding the viability of the procedural mechanisms of redress for users and the accountability of the platforms and third-party stakeholders for misuse of content moderation, whether through algorithmic or individual means. The chapter resorts to a methodology of doctrinal research focused on primary and secondary sources of law.
- Understanding the social–ecological systems of non-state seafood sustainability scheme in the blue economyPublication . Elegbede, Isa Olalekan; Fakoya, Kafayat A.; Adewolu, Morenike A.; Jolaosho, Toheeb Lekan; Adebayo, Joseph Adewale; Oshodi, Esther; Hungevu, Ruth Funmilola; Oladosu, Amos Olayinka; Abikoye, Oluwatoyos; NOVA School of Law|Faculdade de Direito (NSL|FD); Springer Science Business MediaNon-state sustainability initiatives, such as eco-certification and voluntary sustainability standards, are eco-friendly, market-driven, and privately managed initiatives that garner support from concerned stakeholders in the blue economy. Consequently, these initiatives play pivotal roles in enhancing resource sustainability within the seafood sector. However, despite their importance, the intricacies of how non-state seafood sustainability schemes operate within the blue economy remain unclear. Therefore, this study examines the interactions of these non-state actors within institutional, social, and ecological contexts to improve common resource management. This study is based on a comprehensive review of secondary data from the literature to delineate its scope. In recent years, there has been an increase in non-state initiatives advocating for sustainable fisheries and the sustainable use of natural blue resources. These initiatives claimed to exhibit established institutional, social, and ecological synergies, yet the foundational principles guiding them remain underexplored. It is essential to note that addressing the long-term sustainability issues in the socioeconomic-ecological systems requires the resilience shift of non-state initiatives. Thus, non-state institutions must strengthen their resilience management capabilities by collaborating with other actors, networks, and institutions to promote sustainable development. This collaboration fosters societal understanding of these resilience factors, which are portrayed in this study. Finally, effective resource management necessitates a delicate balance between economic considerations and environmental preservation, supporting the sustainability of common resources. It is imperative to deepen our understanding of the interplay between the socioeconomic and ecological facets of these systems to ensure that our environmental laws serve as the proper framework for effective resource regulation and management.
- Direitos de Publicação Secundária na UEPublication . Derfoufi, Oumaima; Daniel Leonardos dos Santos, Eduardo; NOVA School of Law|Faculdade de Direito (NSL|FD); Brazilian Institute for Information in Science and TechnologyThe road to opening up scientific knowledge has been paved by countless initiatives, players and strategies. Some countries have opted for the legislative route, enshrining secondary publication rights. This right allows the author, under certain conditions, to make their work publicly available, in addition to and independently of the initial publication. The legislation of eight countries in the European Union is briefly analyzed. A critical perspective on the model is offered. It concludes that the adoption of a secondary publication right should be considered by all countries. Among the advantages, it allows researchers and institutions to be relieved of some burden they currently bear in pursuing public interest policies.
- Normative PositionsPublication . d’Almeida, Luís Duarte; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); NOVA School of Law|Faculdade de Direito (NSL|FD); Springer VerlagWesley Hohfeld’s (1913; 1917) framework of legal positions is an example of a largely successful theoretical inquiry with practical consequences, including for legal argumentation. But it remains the object of intense debate. As has long been clear, Hohfeld’s original account needs amendment. His tables display four pairs of what he termed “opposites”: duty/liberty, claim-right/no-right, power/disability, and liability/immunity. Yet there is no single notion of “opposition” that applies across all pairs. In the latter two pairs, “opposition” can be explained in terms of logical contradiction. But not in the former two. One simple way—first proposed by Williams (1956) and Fitch (1967)—of addressing this worry is to substitute “liberty not” for “liberty” as the relevant predicate. This allows us to explain “opposition” as logical contradiction across all pairs. In recent years, though, a different proposal has emerged. Kramer (2019; 2024) and McBride (2021; 2024) think we should recognise two kinds of “opposites”. Under their view—the “Dual” View, as McBride calls it, and I will too—we retain “liberty” as the relevant predicate, and treat duty/liberty and claim-right/no-right as pairs of logical duals rather than contradictories. In this paper, I argue against the Dual View on meta-theoretical grounds: parsimony (given identical explanatory power), elegance, and teachability.