FCHS (DCPC) - Comunicações em Conferências Internacionais
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- Burnout e stress ocupacional em advogados e magistrados: a necessidade de investigação empíricaPublication . Afonso, Lígia; Queirós, Cristina
- Court decisions, gender role and female crime: Judicial (dis)paritiesPublication . Dinis, Maria Alzira Pimenta; Caridade, SóniaIntroduction: For years, crime investigation did not consider female, given the reduced involvement in the practice of criminal behaviour. However, official data from the past few years has been challenging this impression, documenting an increase in crime perpetrated by women, all over the world. Social perceptions about women continue to be imbued with gender stereotypes (e.g., fragile, weak, more credible, maternal) that make female incompatible with the role of offender. Women are commonly perceived as playing the role of the victim and the man is usually considered the offender. This under-representation or even relativization of female criminal conduct tends to interfere with the performance of law professionals and the criminal justice system itself, also influencing the design of prevention/intervention policies. Method: Using a qualitative methodology, the present study sought to identify the factors that are considered by the judicial professionals in the analysis of female criminal conduct, seeking to understand how gender stereotypes may influence the attribution of judicial sentences. To this end, a total of ten court sentences involving women with criminal conduct, aged between 18 and 42 years old (M = 30.5; SD = 12.26) were collected and analysed. Results: In terms of results, previous criminal experience, modus operandi, perception of criminal responsibility, degree of illegality, as well as the sociodemographic characteristics of the victims, were identified as important variables in the judicial decision-making process. Discussion and conclusions: The criminal justice system doesn't seem to be oblivious of the influence of some gender stereotypes, which, under certain circumstances, appear to promote unequal treatment practices in situations involving women as a criminal agent. It is expected that this study may contribute to the deconstruction of some prescriptions, historically attributed to women (e.g., the greatest female vulnerability, the pathologization of the offending woman, among others) and may contribute to promote changes in the way judicial professionals face and judge the offender female, encouraging a greater judicial equity.
- European Union Citizenship: the hard road between a promising potential and bitternessPublication . Vila Maior, Paulo; noAt the outset, the paper briefly addresses European Union (EU) citizenship as enshrined in the Treaty on the European Union. Attention is paid on its transnational nature. The political symbolism attached to EU citizenship is also emphasised, as it tries to emulate national concepts of belonging at the EU level. Despite some achievements, flaws are nevertheless a major setback on the EU ambition for supranational citizenship’s limited scope. European Union citizenship is addressed through a twofold conceptual lens. On the one hand, it is measured in terms of the impact on citizens’ loyalties. Eurobarometer and other statistical data are scrutinised to draw a picture on whether citizens drive their loyalties to the EU or to the national (or even regional) levels. Therefore, empirical data provide an assessment of EU citizenship outcomes. Sixteen years of EU citizenship is a considerable time span to make this assessment. On the other hand, the paper asks whether the attempt to forge a complementary citizenship is out of context, considering the common understanding that citizenship is connected with taxation and representation. Thus, a normative approach of EU citizenship is also a reason of concern. Liberal democracies are anchored (among other things) on the “no taxation without representation” principle. I draw an extension of the aforementioned principle and ask whether the absence of significant EU taxation powers is an obstacle to effective supranational citizenship. Thus, the research question is whether EU citizenship is credible and effective if citizens don’t pay taxes to the EU?
- Female crime, criminal justice practice and gender roles: judicial professionals’ perspectivesPublication . Caridade, Sónia; Dinis, Maria Alzira PimentaIntroduction: Gender has been identified as an important and consistent variable that differentiates crime behaviour in which men have traditionally been associated with the offense and the exercise of authority, and women suffering victimization. Criminal statistics in recent years contradict this assumption and document an increase in female crime around the world and the greater involvement of women in the criminal justice system. In turn, the influence that gender role has on attitudes about female and male crime may also impact the way in which judicial professionals operate on female involvement in crime and the type of risk assessment performed, also affecting policies prevention and intervention. Method: Using a qualitative methodology, the present study aimed to analyse and characterize the practices of the criminal justice system in cases involving female crime, based on the perceptions of judicial professionals. More specifically, it was intended to: i) analyse the perception of judicial professionals about female crime; ii) analyse how socially established gender roles are used to explain the female crime; iii) analyse the factors that may contribute to possible gender differences in the decision-making of judicial professionals. Ten judicial professionals, mostly male (70%), with an average age of 46 years and with an average professional experience of approximately 20 years, were interviewed. Results: Participants pointed to a growing criminal parity between men and women, as a result of social progress and new opportunities. However, they also identified differences between female and male criminal activity (e.g., less serious female criminal conduct, less female recidivism, less female criminal agency). The results also revealed an ambivalent position regarding the performance of the criminal justice system in relation to crime in women. Discussion and conclusions: The perception conveyed by the judicial professionals about the absence of female identity in crime and an existing ideology about the role of women in society, promotes not only a certain benevolence in judicial decisions, but also ignore certain risk behaviours. This could compromise the risk assessment of female criminal conduct, and subsequent judicial intervention, so it is important to promote greater awareness of crime in women, deconstructing stereotypes around the role of women in society.
- A feminização das profissões jurídicas em Portugal: um contributo empíricoPublication . Afonso, Lígia; Queirós, Cristina
- Inconvenient dialogs: the multiple outlines of gender and power asymmetries in portuguese legal professionsPublication . Afonso, LígiaWhile most of the research on gender imbalance(s) in the legal professions focuses on patterns of inequality pertaining salaries, areas of practice and career progression, the subjective experiences of sexism encountered by women in their professional interactions with colleagues and clients has seldom been a topic of research. This paper draws on original research conducted with Portuguese judges, prosecutors and lawyers examining their daily work-life experiences. Using interview transcripts from the project we explore how sexism manifests in their work practices, in particular the multiple forms it assumes and the more overt or subtle forms in which is expressed, depending on the context and the interlocutors. The respondent’s reluctance to be associated with stigmatised labels, ant the fact that promoting justice (and therefore preventing discrimination) is at the core of legal professions render such enquiries inconvenient. Our findings convey an opportunity to further explore how gender intersects other forms of power asymmetries, and the ways in which individuals are multiply positioned through differences in professional roles and power status.
- Incursões teóricas e clínicas sobre o funcionamento aditivoPublication . Matos, Marta
- Is Fiscal Federalism Different in the European Union?: a comparative analysis through the allocation functionPublication . Vila Maior, Paulo; noA political-economic model largely influenced by the monetarist school inspires European Economic and Monetary Union (EMU). Accordingly, neither income redistribution nor resource allocation is the cornerstone of economic policy mix. That role is reserved to the stabilisation function. Among those scholars who discuss whether the EU is comparable to existing cases of “conventional fiscal federalism”, the analysis is frequently concentrated on allocation and redistribution. Despite macroeconomic stabilisation is the key aspect of EMU, the paper undergoes a comparative analysis between the European Union (EU) and five mature federations (United States, Canada, Australia, Germany, and Switzerland) as far as resource allocation is concerned. It first surveys the operation of the allocation function in these countries, concluding that there are remarkable differences when the countries under examination are measured within a centralisation/decentralisation continuum. Resource allocation is subsequently reviewed in the context of EMU to capture convergences and divergences with the federations examined – and to what extent do convergent aspects contribute to put a label on the EU in terms of fiscal federalism. The awareness that the discussion is sometimes plagued with conceptual oversight – the confusion between the desirability and feasibility of fiscal federalism in the European integration context – paves the way to the empirical dimension. The paper concludes with an input from statistical data assessing to what extent inter-state solidarity exists (or is absent) in the EU.
- Justiça e Assuntos Internos: um caso de governação supranacional na União Europeia?Publication . Leite, Isabel CostaA globalização tem demonstrado que os blocos económicos tendem a ser mais fortes na forma como competem entre si e outros parceiros mundiais. A União Europeia seguiu este caminho através do reforço de diferentes políticas comunitárias ao mesmo tempo que novas matérias se tornaram uma preocupação comum. Entre estas, a década de 90 apontou para matérias relativas à área de segurança interna como os fluxos migratórios, tráfico humano, asilo, drogas e criminalidade em geral. Justiça e Assuntos Internos, desde sempre considerada como uma matéria de competência nacional, passou para o grupo das mais importantes matérias comunitárias, num nível superior de governação. Este artigo pretende demonstrar até que ponto os Estados têm consciência das suas limitações no mundo globalizado e contam com as instituições da União Europeia para resolver os seus próprios problemas internos. Subsidiariedade/poder político partilhado ou decisões supranacionais parecem ser as duas opções possíveis e cada uma depende da forma como os Estados ainda se mostram capazes de lidar com o número crescente de ameaças comuns e a sua própria soberania.
- Migrants and refugees in Europe: acceptation, integration and crime preventionPublication . Rodrigues, Carlos; Campina, AnaGlobal migration is a reality of the Humanity, due the most different reasons, but within specific legal frameworks – each State and International Law, representing different position and possibilities to the human beings as by the political, social, economic, and cultural powers. This research is focused on the global migration and refugees, within the international legal definition. If there are States and regions where these human beings are welcome, accepted, and integrated, not only by the legal context but by the governments, societies, and economy. Since the Arab Spring, the reality for millions of Refugees is dramatic by the violation of the Human Rights, the International Law, and States Fundamental Rights. There are a controverse Public Opinion provoking the discrimination, rejection, and violence against these Human Beings, creating such negative conditions that conduct millions to the abandonment or even death. There are different international movements, involving International organized crime acting with Migrants and Refugees – human trafficking, smuggling, exploitations, violence, and all kind of violations. The International Security – legal, protection and criminal (re)action, police authorities – between States and International Organizations have developed different reactions. This is a serious and difficult problem needing a permanent effective work of all structures to protect millions of Human beings. The European Union, working together the international community, as well as with the most different movements – public and/or private – need to develop a concerted and strategic work receiving and integrating the Refugees, which measures must cover and protect all in Europe, regardless their origin.