De Legibus - Law Journal

Cover

José Nuno Aguiar — 2025-03-27

Cover

Index

José Nuno Aguiar — 2025-03-27

Index

Opening Remarks

Bruno de Oliveira Moura — 2025-03-27

Opening Remarks

The Regional Jus Cogens: A Paradox in International Law?

Eva Vicente — 2025-03-27

In this paper, we will explore the concept of regional jus cogens, attempting to discern if its existence is possible and under what terms. Initially, we will delve into the notion and characteristics of jus cogens norms. Later, we will discuss the stance of various authors and states regarding the possibility of this institute’s existence. We will also examine the various problems and consequences that this concept raises. Then, I will present to you a landmark case on this topic and discuss Brezhnev’s doctrine. Finally, I will outline the position I take and a potential normative alternative.

The Criminal Responsibility of Military Superiors:

Joao Simoes — 2025-03-27

In this paper, we will briefly analyse the framework for the criminal liability of military superiors in order to critically assess the Bemba case, in particular the concept of ‘remote commander’. This concept was used as one of the grounds for the International Criminal Court's decision to acquit Jean-Pierre Bemba Gombo of all the crimes of which he was accused. To this end, after a brief excerpt on the evolution of the institute of the criminal responsibility of hierarchical superiors and its legal nature, we will look at the various requirements enshrined in Article 28(a) of the Rome Statute of the International Criminal Court and the respective doubts that arise regarding their fulfilment. Finally, we will go through the Bemba case, summarising the context in which the facts occurred, the 2016 conviction decision and the 2018 acquittal decision. In the latter, we will focus on the problems surrounding the concept of ‘remote commander’.

Myths in scientific publishing of law journals: the brazilian experience

Lucas Minorelli — 2025-03-30

After a brief look at the role of a scientific journal, this paper offers a review of the literature on scientific publishing in order to analyze six rarely debated issues regarding the submission guidelines of Brazilian law journals: 1) the use of the Qualis/CAPES concept to evaluate journals; 2) the requirement of a doctoral degree from the authors of submissions, 3) the possibility of only one doctor evaluating the work of another doctor; 4) the importance of special issues; 5) the prohibition on an editor publishing in his own journal and 6) the practice of publishing legal opinions in law journals. After the analysis, it was concluded that i) the use of the Qualis/CAPES concept as an indicator of journal quality was incorrect; ii) academic titles should not be required of authors who submit works; iii) peer review should prioritize knowledge rather than academic titles; iv) without the adoption of good parameters, special issues can lead to bad editorial practices and scientific misconduct; v) under certain conditions, it is possible for an editor to publish in his own journal and vi) given the high probability of a conflict of interest, the publication of legal opinions in law journals should be prohibited.

Information and the right to information in commercial companies – new and old issues in the age of information technologies

Ricardo Menezes — 2025-03-27

The present article aims to analyse certain issues related to the exercise of the right to information in commercial companies and the impact that the emergence of new technologies has had and may come to have in this context. Our research will first focus on the legal framework provided in the Portuguese Commercial Companies Code for Private Limited Companies (Sociedades por Quotas) and Joint-Stock Companies (Sociedades Anónimas) with respect to the right to information. Additionally, we will briefly address the matter of information within the scope of the capital markets. Finally, we will discuss some of the new technologies that have expanded and facilitated access to information in this area, while also considering the risks and challenges that may arise in this regard.

Domestic Violence and Children’s Rights

Sandra Feitor — 2025-03-27

Domestic violence constitutes a grave violation of human dignity and individual rights. Unfortunately, inadequate communication and coordination between criminal and family courts often hinder the effective implementation of the Istanbul Convention. Even when interaction occurs, family court decisions can sometimes conflict with criminal convictions, leaving victims and their children without adequate protection. A striking example is the ruling of the Tribunal da Relação de Lisboa (TRL)1 of 11 January 2022,2 where the Court ordered a shared residence arrangement for a child with the abusive parent. This decision fails to comply with the Istanbul Convention, as well as with Articles 9 and 18 of the United Nations Convention on the Rights of the Child (UNCRC), Article 8 of the European Convention on Human Rights (ECHR), and Articles 41 and 47 of the Charter of Fundamental Rights of the European Union (EU Charter), as it neglects to provide effective remedies and good administration of justice for the victims involved, once the child was also a witness victim of the aggressions against the mother.

Mistake of law in unclear law situations

Michael Pawlik — 2025-03-27

Must the citizen be fully aware of all the legal rules before he can implement his conduct project? Wouldn't this affect the general core of the citizen's freedom of action? What is the best way not to unilaterally burden the citizen in the face of a project of conduct carried out in an obscure legal context derived from a regulatory deficit in the system of norms? This work aims to provide an answer to the question of the distribution of responsibility between a citizen who acts in a situation of legal uncertainty and the legal community.

Review of the artificial intelligence act

Ana — 2025-03-27

The Artificial Intelligence Act is implemented in phases, between February 2025 and August 2027; its provisions will apply in accordance with the potential risk level of AI systems to the protection of health, safety, and fundamental rights within the EU. In parallel, international cooperation is un- derway, led by the European Commission, to ensure compliance in the legal time frame.