YEAR 2020 N.º 1 Volume 21

ISSN 2182-9845

2020 N.º 1 Volume 21
EDITORIAL

Maria Raquel Guimarães

“The Long and Winding Road”: from the Proposal for a Directive on consumer rights of 2008 to the Directive 2019/771 of 20 May 2019 on certain aspects concerning contracts for the sale of goods (passing through the Amended Proposal for a Directive of 2017)

The Sports Employment Contract: forms of contract termination at the initiative of the worker

Helena Maria Couto de Almeida

Sports employment contract; Law No. 54/2017 of July 14; stabilizing term; termination of employment contract; termination clauses; just cause of termination.

In terms of a sports employment contract, regulated by Law No. 54/2017 of July 14, the rules presented to us are quite different from those provided in the general regime of the Labour Code. The world of sport entails specificities inherent to the practice of sports activity. The sports employment contract acts as a fixed term contract, commonly called a stabilizing term, in which the worker / player is unable to terminate the contract without further ado.

The lack of distinctive character of the trade mark and the protection against unfair commercial practices: in connection with the European Court of Justice judgment on the “three stripes” trade mark

Ana Clara Azevedo de Amorim

trade mark; declaration of invalidity; unfair commercial practices; confusion; competitors; consumers.

The lack of distinctive character is an absolute ground for refusal to register trade marks, in accordance with Directive (EU) 2015/2436 and Regulation (EU) 2017/1001. The protection against unfair commercial practices may constitute a complementary guarantee mechanism for the proprietors of trade marks, particularly in cases of confusion created by the absence of product differentiation. The legal framework laid down in the Directive 2005/29/EC safeguards the consumers economic interests, by prohibiting some behaviours that harm often also the competitors.

The judicial decisions and their reasons: a study of the Brazilian Supreme Court's decisions on the crime of contemporary slavery

Isabele Bandeira de Moraes D’Angelo, Pablo Ricardo de Lima Falcão

Contemporary slavery; Judicial decisions; Absolution; Brazilian Supreme Court.

n May 2018, on the 13th, 130 years of the abolition of slavery in Brazil were celebrated. However, has the exploitation of this workforce really ceased to be practiced in our country? Research has directed the practice of contemporary slavery still wide and its overwhelming numbers. Victims are condemned to sell their labor force precariously in order to survive. Another fact will darken its lawyers: the absence of convictions. Thus, the article again presents sets of sets of mandatory research groups, from the University of Pernambuco, at the Arcoverde Campus, which provided a question: What are the reasons for the absence of convictions for such a crime? Are these legal reasons? Is there really (IN) crime in Brazil?

Analysis of the main amendments introduced by Law no. 13/2019, of February 2019 to the legal regime applicable to the termination and opposition to the renewal of lease agreements for non-housing purposes

Jessica Rodrigues Ferreira

Lease agreement; tenant; landlord; termination; opposition to the renewal of the lease.
 

The purpose of this paper is to analyze the main amendments introduced by Law 13/2019, of February 12, to the legal regime applicable to lease agreements for non-residential purposes, mainly in what concerns to its duration and possibilities of termination and opposition to the renewal either by the tenant or by the landlord.

Climate as a Concern or a Heritage? Addressing the legal structural roots of climate emergency

Paulo Magalhães

Climate Common Concern; Climate Common Heritage; Earth System law; Intangible Natural Heritage; Law in the Anthropocene.

When, in the 1980s, climate change entered into the UN agenda, the first question raised was: "What is the climate from a legal point of view?" After the Maltese proposal of 1988 to recognize “Climate as Common Heritage of Humankind”, the adopted UN resolution considered climate as “common concern of humanity”. The concern approach has transformed the positive approach of the Maltese initiative on “the heritage” into a negative approach of a damage containment and -sharing system with an undefined obligation to cooperate.

Consumers’ rights in digital content and services according to Directive 2019/770

Alexandre L. Dias Pereira

Consumer protection; digital content and services; contract remedies; digital single market.

This paper addresses the acquis of consumer’s rights and remedies in case of no supply or no conformity with the contract of supply of digital content or services according to Directive 2019/770 and other statutory instruments of consumer protection.

Investment protection in the European Union: the end of investment arbitration (from the “Achmea” judgment to the proposal of a multilateral investment court)

Beatriz Sáenz de Jubera Higuero

Achmea; investment arbitration; intra-community investments; free trade agreements; multilateral investment Court; European Union.

In recent years, before different fronts and open conflicts in relation to the negotiation of free trade and investment treaties and claims of States and companies against Member States of the European Union within the framework of investment arbitrations, the European Commission has shown clear signs of not being in favor of investment arbitration at Community level as it has traditionally been developing. And the CJEU on March 6, 2018 with his sentence in the “Achmea” case has been giving her the reason.

Liability of legal persons and compliance programs in acts of corruption in Brazil and Argentina

Davi de Paiva Costa Tangerino, Juan Pablo Montiel, Henrique Olive

White Collar Crime; Administrative Penalties; Criminal Liability of Legal Persons; Corruption; Compliance; Comparative Law.

This work aims to introduce and contrast the significant aspects related to the liability of legal persons in acts of corruption in Brazil and Argentina. The relevance of this study comes from the fact that both countries recently implemented new laws regulating the prevention of corruption act and establish punishments to legal persons. As a part of this investigation, this study clarifies the process of recognition of the criminal liability of legal persons in Brazil and Argentina.

Book review of YÁÑEZ VIVERO, Fátima, Asimetrías contractuales por abuso de circunstancias. Un estudio en el marco de la renovación del Derecho contractual, Valencia, Tirant Lo Blanch, 2019, 148 pp. (ISBN: 978-84-1313-660-8)

Araceli Donado Vara

Contract Law; contract will; undue influence; intimidation; economic duress.

Book review of YÁÑEZ VIVERO, Fátima, Asimetrías contractuales por abuso de circunstancias. Un estudio en el marco de la renovación del Derecho contractual, Valencia, Tirant Lo Blanch, 2019, 148 pp. (ISBN: 978-84-1313-660-8)