Josias M . S . Alves | Universidade Portucalense (UPT) (original) (raw)
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Papers by Josias M . S . Alves
This study contrasts the advances in technology with problems hither to not existing in society, ... more This study contrasts the advances in technology with problems hither to not existing in society, which, at times, are not properly regulated by law, which requires work to adjust existing legal institutions in view of the legislative needs that are being verified. .
The criminal process, in its material and procedural spheres, is no exception to this rule, technological advances and new forms of communication have brought new points to be developed.
The conflict between means of proof and fundamental rights in the face of the current framework of technological advancement can be characterized as follows: on the one hand, the new media have expanded the scope of the fundamental right to privacy, on the other, there are a number of technologies that , if applied to criminal investigation work can assist in the investigation of crimes.
Keywords: Proof, Digital, Law, Media, Law.
Josias Alves, 2020
This study contrasts the advances in technology with problems hither to not existing in society, ... more This study contrasts the advances in technology with problems hither to not existing in society, which, at times, are not properly regulated by law, which requires work to adjust existing legal institutions in view of the legislative needs that are being verified. .
The criminal process, in its material and procedural spheres, is no exception to this rule, technological advances and new forms of communication have brought new points to be developed.
The conflict between means of proof and fundamental rights in the face of the current framework of technological advancement can be characterized as follows: on the one hand, the new media have expanded the scope of the fundamental right to privacy, on the other, there are a number of technologies that , if applied to criminal investigation work can assist in the investigation of crimes.
Josias Alves, 2020
The massification of the Internet as a form of universal communication in our society is undeniab... more The massification of the Internet as a form of universal communication in our society is undeniable, this has given rise to extremely fast, flexible and effective forms of distance contracts. Although these contracts produce an undeniable dynamism of legal traffic, electronic contracting presents immense difficulties, particularly with regard to the protection of the purchaser of goods and services present in the most diverse electronic commerce platforms. Special attention needs to be paid to the case of the massive use of general contractual clauses when contracting via the Internet, which thus appears in the form of subscription contracts. The possibilities of this type of legal mechanism are directly equivalent to the dangers that such a service presents. Hence the need to clarify all the components of this type of contract to defend the rights of the different parties and to recognize the diseases that electronic contracting suffers.
Josias Alves, 2020
This study reveals the intervention of civil procedure and international law with respect to the ... more This study reveals the intervention of civil procedure and international law with respect to the European Union, the so-called electronic contracting. In what form or what form can this process take fundamentally, with regard to conflicts of jurisdiction between member states and its effective application in the Portuguese legal system, where the intention is to evaluate the concept of this right and the way it is effectively exercised. Its importance is indisputable because electronic contracting is the basis of our current society, thus affecting the bases of all the normative law in force, with regard to the subject.
Josias Alves, 2020
This study reveals the intervention of civil process and international law with respect to the Eu... more This study reveals the intervention of civil process and international law with respect to the European Union, the so-called digital succession. In what form or what form can this process take fundamentally with regard to conflicts of jurisdiction between member states and its effective application in the Portuguese legal system in which it is intended to evaluate the concept of this right and the way it is effectively exercised. Its importance is indisputable because the digital collection is the basis of our current society, thus affecting the bases of all the normative law in force, with regard to the subject.
This study contrasts the advances in technology with problems hither to not existing in society, ... more This study contrasts the advances in technology with problems hither to not existing in society, which, at times, are not properly regulated by law, which requires work to adjust existing legal institutions in view of the legislative needs that are being verified. .
The criminal process, in its material and procedural spheres, is no exception to this rule, technological advances and new forms of communication have brought new points to be developed.
The conflict between means of proof and fundamental rights in the face of the current framework of technological advancement can be characterized as follows: on the one hand, the new media have expanded the scope of the fundamental right to privacy, on the other, there are a number of technologies that , if applied to criminal investigation work can assist in the investigation of crimes.
Keywords: Proof, Digital, Law, Media, Law.
Josias Alves, 2020
This study contrasts the advances in technology with problems hither to not existing in society, ... more This study contrasts the advances in technology with problems hither to not existing in society, which, at times, are not properly regulated by law, which requires work to adjust existing legal institutions in view of the legislative needs that are being verified. .
The criminal process, in its material and procedural spheres, is no exception to this rule, technological advances and new forms of communication have brought new points to be developed.
The conflict between means of proof and fundamental rights in the face of the current framework of technological advancement can be characterized as follows: on the one hand, the new media have expanded the scope of the fundamental right to privacy, on the other, there are a number of technologies that , if applied to criminal investigation work can assist in the investigation of crimes.
Josias Alves, 2020
The massification of the Internet as a form of universal communication in our society is undeniab... more The massification of the Internet as a form of universal communication in our society is undeniable, this has given rise to extremely fast, flexible and effective forms of distance contracts. Although these contracts produce an undeniable dynamism of legal traffic, electronic contracting presents immense difficulties, particularly with regard to the protection of the purchaser of goods and services present in the most diverse electronic commerce platforms. Special attention needs to be paid to the case of the massive use of general contractual clauses when contracting via the Internet, which thus appears in the form of subscription contracts. The possibilities of this type of legal mechanism are directly equivalent to the dangers that such a service presents. Hence the need to clarify all the components of this type of contract to defend the rights of the different parties and to recognize the diseases that electronic contracting suffers.
Josias Alves, 2020
This study reveals the intervention of civil procedure and international law with respect to the ... more This study reveals the intervention of civil procedure and international law with respect to the European Union, the so-called electronic contracting. In what form or what form can this process take fundamentally, with regard to conflicts of jurisdiction between member states and its effective application in the Portuguese legal system, where the intention is to evaluate the concept of this right and the way it is effectively exercised. Its importance is indisputable because electronic contracting is the basis of our current society, thus affecting the bases of all the normative law in force, with regard to the subject.
Josias Alves, 2020
This study reveals the intervention of civil process and international law with respect to the Eu... more This study reveals the intervention of civil process and international law with respect to the European Union, the so-called digital succession. In what form or what form can this process take fundamentally with regard to conflicts of jurisdiction between member states and its effective application in the Portuguese legal system in which it is intended to evaluate the concept of this right and the way it is effectively exercised. Its importance is indisputable because the digital collection is the basis of our current society, thus affecting the bases of all the normative law in force, with regard to the subject.