Legal interpretation aims to clarify the range of the factual situations and of the consequences included. Legal interpretation uses several elements. The first is the literal or grammatical element, i.
The second element is the systematic element, i. The third element is the teleological one, which is used to correct the results of the application of the previous elements in light of the aims and goals of the rule and of its very existence. There is a fourth element, the historical, that places the law in the context of the moment when it was written, through the readings of any ancillary or preparatory materials .
Diagram 1 - Legal hermeneutics.
Legal interpretation is also used to answer legal omissions. The result is that legal interpretation may be analogical or extensive. The first happens when a general rule is applied to a similar uncovered factual situation and the second when a special rule is applied to a similar uncovered factual situation. Some rules however, such as some criminal rules, must be subject of restrictive interpretation, thus preventing the two previously described situations. Analogical and extensive interpretation deal with three concepts: legal omission, generic rule and special rule. Legal omission happens when the law does not foresee a given factual situation.
In such a situation, the interpreter may search for a general rule with a similar factual description and apply it analogically. General rules, however, may be limited in scope by a special rule, i. In such case, if the facts are closer to the description in this special rule, then the interpreter may apply the special rule by extensive interpretation. There are some Portuguese laws and codes available online in English:.
Advertising of audiotext services. Broadcasting Law Access to and pursuit of the radio broadcasting activity on national territory. Law on the protection of personal data. Parliament Channel via digital terrestrial television. Processing of personal data and the protection of privacy in the electronic communications sector. Regime of simplified free access and exercise of service activities within the national territory. Strategic guidelines for the development and promotion of investment on next generation networks.
Postal Law. Regulation of the public postal service. Statute of the postage stamp. Anti-Drug Legislation. Code of Criminal Procedure.
Cybercrime Law. Enforcement of measures involving deprivation of liberty. Establishing preventive and repressive measures against money laundering and terrorist financing, and transposing EC directives 1. Establishing preventive and repressive measures against money laundering and terrorist financing, and transposing EC directives 2. Establishing preventive and repressive measures against money laundering and terrorist financing, and transposing EC directives 3.
Governing the enforcement of measures on the protection of witnesses in criminal proceedings. International judicial cooperation in criminal matters. Legal regime of the European arrest warrant. Measures for fighting corruption and economic and financial crime. To make provision as to covert operations undertaken for the purposes of crime prevention and criminal investigation. Access to administrative documents 1st version.
Access to Administrative Documents 2nd version. Access to Administrative Documents 3rd version. Establishes the conditions and procedures for granting asylum or subsidiary protection and the status of asylum, refugee and subsidiary protection to applicants. New legal framework in matters regarding asylum and refugees - Asylum and Refugees. Court for intellectual property and the court for competition, regulation and supervision.
Legal framework of Credit Institutions and Financial Companies. Organic Law of the Banco de Portugal.
Securities Code. National legislation implementing the Eurojust Decision. Mental Health Act. Statute of the Ombudsman. Approves the new legal regime for granting and issuing passports. Portuguese judiciary system includes several courts and jurisdictions: the Constitutional Court, the Supreme Court of Justice and the judicial courts of first and second instance, the Supreme Administrative Court and the other administrative and fiscal courts and the Court of Auditors. The judicial courts are common courts for civil matters and they exercise jurisdiction in all areas that are not attributed to other judicial jurisdictions .
The Portuguese court system is divided into two main fields of jurisdiction: judicial and administrative. The first covers all areas of Private law plus Criminal law. The second covers all aspects of Administrative and taxation law. Both jurisdictions have three levels. There is a third high level jurisdiction called the Constitutional Court. National territory is divided into 5 judicial sections and 39 judicial circuits. Within the structure of the judicial courts generic jurisdiction , there are a number of specialized courts, at the level of the first instance: criminal instruction, family, children, labour, commerce, intellectual property, competition, regulation and supervision, maritime and the execution of sentences.
Constitutional Court. Supreme Court of Justice. Court of Appeal Lisboa. Court of Appeal Coimbra. Court of Appeal Porto. Supreme Administrative Court. Central Administrative North. Central Administrative South. Court of Auditors. Legal higher education in Portugal is divided in three stages: the first cycle of studies, called Licenciatura, is accessible to students after completion of 12 years of study. This degree is equivalent to level 6 of the European Qualifications Framework. The second cycle of studies is Mestrado.
It is accessible to holders of Licenciatura or equivalent and has a length of two years ECTS ; it usually requires the presentation, in writing and viva voce, of a dissertation and is equivalent to level 7 of the European Qualifications Framework. The third cycle of studies is Doutoramento. It requires the presentation, in writing and viva voce, of a dissertation. It corresponds to level 8 of the European Qualifications Framework. All Law Schools in Portugal deliver the first two cycles of legal higher education in Portugal. The third cycle is not available in all of them.
Tuition in Portugal is in Portuguese and quite often the written assignments and dissertations, when applicable, must be delivered in Portuguese. Some Portuguese Law Schools and Faculties have introduced, in the last years, taught programmes in English. The Portuguese national science policy is performed by the FCT - the national funding agency for science, technology and innovation , in all scientific domains, under responsibility of the Ministry for Education and Science. FCT pursues its mission by funding fellowships, studentships and research contracts for scientists, research projects, internationally competitive research centres and state-of-the-art infrastructures, via competitive calls with international peer-review.
Working closely with international organisations, FCT coordinates public policy for the Information and Knowledge Society in Portugal and ensures the development of national scientific computing resources. FCT is also responsible for the assessment of the national research units in all scientific domains.
The research assessment exercise takes place every five years and the last one occurred in There is an ongoing research assessment exercise and the results are expected to be published by the end of or early in According to the Research assessment exercise , the following research units existed:. Researchers: 33 Researchers with a doctoral degree: 27 Integrated researchers with a doctoral degree: Research groups: 9. Result of the evaluation: Very Good. Researchers: 90 Researchers with a doctoral degree: 48 Integrated researchers with a doctoral degree: Research groups: 6.
Result of the evaluation: Good. Researchers: 16 Researchers with a doctoral degree: 16 Integrated researchers with a doctoral degree: Research groups: 4. Result of the evaluation after review: Fair. Researchers: 18 Researchers with a doctoral degree: 11 Integrated researchers with a doctoral degree: Research groups: 1. Scientific Coordinator: Antonio Jose Fernandes.
Researchers: 29 Researchers with a doctoral degree: 12 Integrated researchers with a doctoral degree: 9. Research groups: 3. Result of the evaluation: Poor. Principal Contractor: Universidade do Minho. Researchers: 10 Researchers with a doctoral degree: 8 Integrated researchers with a doctoral degree: 4.
Researchers: 3 Researchers with a doctoral degree: 1 Integrated researchers with a doctoral degree: 2. The research assessment exercise will be ongoing throughout the entire year The results are expected to be published by the end of or early in Provisional data indicates that the following research units have submitted applications to the Research assessment exercise:. Integrated researchers with a doctoral degree: Furthermore, the introduction of harm reduction strategies has nurtured positive effects for the minimization of social exclusion, as well as for the decrease in criminal offenses and the control of infectious diseases Barbosa, By locating the problem in international law, typically portraying and normalizing drug control and law prohibition as major concerns i.
Billions of people, four-fifths of the world population, lack access to opiates for the relief of pain. These are people with cancer, late-stage AIDS, injuries from accidents and so on […]. Barrett, Drucker, ; Wacquant. As Cohen and Wolfe point out:.
The link between harm reduction and human rights goes deeper than legal arguments in support of a particular set of health services. Harm reduction focuses instead on reducing risk, acknowledging that those who cannot or will not stop using drugs are still capable of positive change to protect their health or that of their communities.
Where traditional drug policy relies upon detention, forced treatment and stigmatization as a means of deterrence, harm reduction recognizes that engaging in illegal activities does not mean forfeiting claims to healthcare or other basic protections. Hunt, in Portugal still continues to produce a series of constraints and difficulties. More ambitious harm reduction practices are shunned by the abstinence-lead concerns within social and political discourses i.
Notably absent are other figures e. Therefore, it does not leave room to question and to problematize the interventions provided to other kinds of drug uses.
This might explain why in Portugal recreational environments are portrayed as almost absent from adequate actions on harm reduction Silva, Fletcher et al. Other indirect effects should also be noted such as accidental injuries, self-inflicted injuries, risk of suicide, unsafe sex practices, or risky driving. Within this text, it is still recognized that the broader spectrum of health promotion interventions registered since the s needs to align with concrete strategies working with respect to mitigating social and environmental damage.
How can their modification account for risk reduction and to benefit maximization too within recreational environments? Why is harm reduction intervention in recreational environments typically ignored or fragmented? To address these questions, it is necessary to take a closer look into the particularities of drug uses and recreational environments. The rave experience seems to be as old as tribalism and the first communitarian human experiences Hutson, Associated to this, drug uses are intensively connected with psychedelic music styles, such as techno and trance.
Techno music is related to a profound disturbance of social order Grynszpan, which. Carvalho, Moreover, drugs are chosen in accordance with their ability to amplify the lived experience of the places and of the aforementioned music genres. The drug user is not motivated by addiction; rather, it appears to be motivated by pleasure Fletcher et al. Within recreational settings, drug users — mainly young adults — are raving in cultural spaces where drug uses are normalized.
Thus drug uses arise as a common practice in which the users claim to be aware of the risks but they choose to use drugs nevertheless Cruz and Machado, In many cases, these partygoers also claim to know how to manage their own risky behaviours whilst searching for new experiences and sensations Moore et al. Within the Boom Festival, trance music is perhaps the genre which most stands out for its features and associated subculture.
The symbolic universe of trance music is characterized by a transcendent experience in which the use of hallucinatory PAS e. To contribute to this experience, psychedelic and fluorescent materials are used in event decorations, often with references to Hindu religious symbols, thereby contributing to sensorial stimulation and to the psychedelic experience Carvalho, ; Chaves, ; Greener and Hollands, Hence, the Boom Festival is developed within this music climate in which drugs are tools to construct new meanings of experiencing the self and the surrounding world Calado, ; Carvalho, An exception is the Boom Festival, a Portuguese multidisciplinary independent mega festival associated with psychedelic culture.
The Boom Festival is United Nations Music and Environment Stakeholder Initiative partner also having a long history of international awards given its promotion of sustainable development. The main goal of the Kosmicare Project 5 is to provide safe-places for drug users who are experiencing negative consequences mainly related to their drug uses.
The Kosmicare Team — made up of doctors, nurses, psychologists and other therapists — intends to facilitate these episodes, at the same time supporting the person and offering strategies to turn this negative drug experience into an opportunity for personal growth.
The Kosmicare Project is also about finding space in academic discourse on the interconnection of music, environment, leisure, dignity and drug uses. As a consequence, it embodies and represents a concrete alternative to drug control and to traditional practices of harm reduction. In addition, these interventions require a paradigmatic shift from the control of the body to the modification of the environments. Should we be entitled to the right to use drugs?
One of the most well-known and provocative proposals was offered by Erik van Ree , who proposed the introduction of the Article 31 to the Universal Declaration of Human Rights. What are the potentialities? And what are the tensions and challenges ahead? To conduct this further analysis four axes will be guiding us: a the normalization and acceptance of drug uses, but not the complete acceptance of unsupervised risk; b the combination of non-interference principles i.
Critics of harm reduction have intensively contested the plausibility and strength of the amoral and non-judgemental philosophical tenets which harm reduction is based on because it can be counterproductive to the aim of attaining a more normalized vision of drug uses — i. Ezard, ; Keane, ; Hathaway, Furthermore, according to Keane , one of the biggest paradoxes of harm reduction lies in the impossibility to practice a non-judgemental assessment of drugs and risk.
Freire P. In: Freire AM, organizador. According to the Portuguese language dictionary, discrimination refers to the power of discriminating; distinguishing; it refers to discernment, which is also defined as an action or effect of separating, segregating, setting aside 1 1. Its critical meaning in sociology indicates distinctions made in social life at the expense of certain groups that are deemed unacceptable by the majority for violating social norms and the principle of equality before the law 5 5.
Birou A. The legal meaning of discrimination is the violation of the equality principle, as distinction, exclusion, restriction or preferences, motivated by race, color, sex, age, job, religion or political convictions 5 5. The dictionarized meanings of exclusion and discrimination allow us to detect a connection between these terms, considering the first as one of the possible consequences of the second.
By inserting the human being as the "object" of exclusion in this equation, we find that the process is configured to eliminate or restrict the access to power by the other. The exclusion, therefore, applies to the one we consider different from us, being this us identified with the group that represents the hegemonic position in some context. But, would it be that simple?
Would the exclusion return to any other or would there be some kind of specific "difference" that is able to provoke it? Although you can observe throughout history that exclusion applies to different social divisions and groups, evidence shows that the factor that motivates it is not anchored in the mere perception of "difference".
In many historical circumstances and several cultural contexts the difference is interpreted as a positive discrimination, catapulting the different to the realm of power or even putting it on a higher level, similar to that attributed to deity. This phenomenon happened in the process of the European "discovery" of the Americas, when the settlers took advantage, even in numerical minority, because of being identified as gods by the Amerindians.
In contrast, the Spanish and Portuguese did not recognize the humanity of the natives and considered them animals, and therefore, they felt they had the right not only to expropriate their wealth, but mostly to take their lives without any pangs of conscience 6 6. Paulo III. Sublimus Dei.
Triana Escobar J. Rev colomb. Transposing this fact to the current days we may reaffirm the example of the use of the word "gringo" in Brazil, which according to the dictionary definition is a pejorative term that refers to the foreign individual, residing in or passing through the country 8 8. Todorov T. However, no one would think of using this name for an immigrant or visitor from Bolivia, Paraguay, Peru or Africa, unless they had the physical characteristics associated with populations of the Northern Hemisphere, these being "gringos" in the most legitimate sense of the word, as used in the country.
In other words, gringo identifies a foreigner we believe to come from a socio-cultural and economic reality that we consider superior to ours. Even being a pejorative term, indicating the recognition of the difference of the other, it does not apply to any other, only to the one due to their place of origin we believe to occupy a position superior to ours.
Rio de Janeiro: Fiocruz; While we may find odd any "different", we tend to systematically exclude only the ones considered inferior 9 9. This implies that the phenomenon of exclusion registers, in the social structure, those who, for whatever reason even arbitrary and random , are culturally defined as inferior to the others in a given social context. The main identification parameter of exclusion and discrimination as a result of the difference, both for its antiquity and by its universality, is gender inequality.
The differences between males and females among the higher primates seem to be reproduced in human societies, featuring the inequality of power and wealth between women and men throughout history, being, in itself, a form of violence against women: Violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women 9 9.
Studies of the social sciences point dimorphism as a determinant in this process, stressing the importance of factors such as physical strength, dominance and female subjugation by males 10 Wrangham R, Peterson D. In: Wrangham R, Peterson D. As origens da agressivi dade humana. Lovejoy CO. Evolution of human walking. Scientific American ; 82 9 As estruturas elementares do parentesco. Beauvoir S. O segundo sexo. Strathern M.
The gender of the gift: problems with women and problems with society in Melanesia. Berkeley: University of California Press; Rosaldo M, Lamphere L. Mulher, cultura e sociedade. Rio de Janeiro: Paz e Terra; Gilligan C. A different voice. Cambridge: Harvard University Press; Even while avoiding getting in deep discussion about sex biology and gender culture , which marked the feminist scientific production in the final decades of the twentieth century, it is important to mention that pregnancy and the subsequent parental care including nursing , especially in social structures characterized by asymmetry between the sexes, to the detriment of women, was almost unanimously agreed by the various schools of thought, as a conditioning factor in their discrimination and exclusion throughout history.
It is also worth remembering that from the beginning of pregnancy until the primordium of consolidated teething of a child, allowing independent feeding, there is a period of approximately 33 months or nearly three years, in which women need to prioritize the care of baby in order to its survival. One can easily assume that this period, which is still characterized by the reduced physical autonomy of women including limited mobility and reduced availability of time , must have greatly influenced the difficulty of female hominid groups to escape the domination of males.
This process consolidated gender inequality throughout history, as cultures interpreted less autonomy and greater surviving difficulty of women both in terms of physical force and as a result of procreation as marks of inferiority. In other words, the differences between males and females became inequalities between men and women. There is a second defining parameter of discrimination and exclusion that relates to the different, as old as the first one, which regards to the foreign, to the other different from us , which is applied to an individual or a social group.
Paleontology has recorded hominid fossil with unequivocal marks of blows [that] confirm the occurrence of physical aggression episodes since the time of australopithecines, over a million years ago, until the modern age, worldwide 17 Lessa A. Aggressiveness in higher primates, such as chimpanzees, was observed by Goodall who reports that the attacks are an expression of the hatred that is roused in the chimpanzees of one community by the sight of a member of another 18 Goodall J.
A guerra. In: Goodall J. Uma janela para a vida. Rio de Janeiro: Jorge Zahar Editor; In other words, aggressiveness toward the other - as a domination and power strategy - can be detected between higher primates, including humans: Conflicts of interest between man and man are resolved, in principle, by the recourse to violence.