Citizenship and justice: public prosecutors in social contexts in Portugal

All over the world judicial systems are under tremendous pressure as the instruments used by citizens to access their full rights. The erosion of other state powers has transferred expectations of social intervention or, at least, protection for the rights of the weak and vulnerable, to the sphere of justice. Hence, in some countries the social role of judges or public prosecutors has become more important and their work is publicly scrutinised to ensure that their duties are performed correctly and fairly. In addition to criminal law, social areas of justice (concerning workers and children) have become more central to judicial systems, conferring a new public responsibility on these professionals.

In several countries, including Portugal, public prosecutors are unusual within the legal profession given that they have equal status in both social and criminal areas of law. In certain systems, public prosecutors may act as a party, defending the rights of powerless citizens and leading them through the judicial process. Such powers offer great potential for fairness and justice but at the same time can lead to dangerous professional controversies. Through an analysis of the Portuguese model, one of the more advanced of its kind (in terms of intervention), some of the main features will be described and identified.

Public prosecutors in Portugal have, for many years, been in charge of a set of very varied responsibilities within the context of the Family and Juvenile and Labour Courts which far exceed what is publicly acknowledged, particularly in criminal matters. However, their functions are not limited to those of the ‘public prosecutor’ or ‘coordinator of the investigation’ typically associated with responsibilities in criminal matters.

Within the context of these two major and socially sensitive areas, public prosecutors act as intermediaries between the different parties and entities involved in litigation, a fact which, in professional terms, endows them with features which are atypical of magistrates and places them in close contact with citizens. Thus, taking a case study based on the Coimbra Family and Juvenile and Labour Courts as its starting point, this paper aims to map out these formal and informal functions, which create a level of importance that is probably much higher than would have been expected, particularly given the lack of truly credible and effective alternatives that enable citizens to access law and justice.     

Psychometric properties of the Barratt Impulsiveness Scale version 11 among a Portuguese sample of incarcerated juvenile offenders

The aim of the present study was to examine the psychometric properties of the Barratt Impulsiveness Scale version 11 (BIS-11) among a forensic sample of incarcerated male juvenile offenders (N?=?221). Principal Component Analysis with Promax rotation revealed the expected 6-factor structure, but Confirmatory Factor Analysis of the 6-factor first-order and the 3-factor second-order factorial structures did not present sufficiently good fits. Despite that, the Portuguese adaptation of the BIS-11 demonstrated generally acceptable psychometric properties in terms of internal consistency, mean inter-item correlation, convergent validity, discriminant validity, and concurrent validity that justifies its use among the youth forensic population. Statistically significant associations were found with age of crime onset, conduct disorder, crime seriousness, alcohol use and drug use.     

Do Citizens Trust the Civil Service Differently? Comparing the Determinants of Confidence in Political-Administrative Institutions

This paper asks whether citizens judge public administration to be trustworthy using different criteria from other political institutions. Using survey data, we estimate ordered logistic and multivariate regressions to compare the determinants of trust in six different political-administrative institutions. Findings show that social trust, political interest, as well as other individual characteristics, have very similar effects on trust regardless of the institution. The evidence shows that people who are older and more educated, interested in politics, and employed in the public sector, are only slightly more likely to make some sort of distinction. Implications for non-discriminant judgement mechanisms are discussed.     

The BRICS and the South Atlantic: Emerging arena for South–South cooperation

Over the past decade, power dynamics within the South Atlantic region have undergone significant changes. While the area has historically been dominated by North–South ties, both in terms of material flows and with respect to political influence, more recently there has been a surge in cooperation between developing countries within this space. As trade, investment and other forms of exchange and dialogue increase among actors from within the region (notably between South America and Africa) and with states located outside the region, the BRICS countries become more relevant to the South Atlantic. Individually, they have become relevant players in the South Atlantic's economic, political and security dimensions. Collectively, as inter-BRICS flows and political coordination intensify, new configurations of cooperation emerge within the South Atlantic. These initiatives suggest that rising powers are contributing towards making the South Atlantic – long dominated by North–South ties – a space where South–South cooperation and norms predominate.     

Testing for genetic structure in different urban Argentinian populations

Fifteen autosomal short tandem repeat (STR) markers (D3S1358, HUMTH01, D21S11, D18S51, PENTA E, D5S818, D13S317, D7S820, D16S539, CSF1PO, PENTA D, HUMvWA, D8S1179, HUMTPOX, FGA) were analyzed in 1734 individuals living in urban areas of cities from six different Argentinian provinces (Buenos Aires, Neuquén, Tucumán, La Pampa, San Luis, Santa Cruz) in order to determine if a common urban database could be used in Argentina for forensic purposes. Frequencies estimates, Hardy-Weinberg equilibrium (HWE), and other parameters of forensic interest were computed. Comparisons between the six populations, and with published data from one Native American population from Argentina and other urban populations from Argentina and Europe were also performed. Our results reveal evidences for population structure, both when testing for genetic differentiation and when comparing frequencies distributions between different pairs of populations. Therefore, caution should be taken when using a common pooled database with general forensic purposes in Argentina.     

Karl Polanyi and the Problem of Corporate Social Responsibility

This article considers Corporate Social Responsibility (CSR) as part of the projects in ‘new governance and decentred regulation’, which draw social forces towards the regulation of economic behaviour. It uses Karl Polanyi to open up pertinent interfaces between society and economy for observation, and Gunther Teubner to substantiate a ‘regulatory’ view of the company's social relationships. The article finds that CSR combines movements for the recognition of social relationships, on an unprecedented scale, with rigorous simultaneous movements for market building and social abstraction. Twenty‐first‐century market economy is defined by a capacity to contain ‘the social,’ which is thrown between the two movements, creating opportunities for companies to void the market's social limits. The article counterposes that the social that ‘returns’ after marketization needs to find its way past market‐building CSR, to constructively unshackle and redefine the framing of social conflicts that concern the corporation.