Pedro Fernández Sánchez, David Silva Ramalho and José Duarte Coimbra in the journal O Direito

ACADEMIA 24 Feb 2016

Three of SÉRVULO's lawyers have articles in the latest issue of the journal O Direito. Pedro Fernández Sánchez, associate in the firm's Public Law department, wrote an article on "Compensation in Public Procurement Law: Positive or Negative Contractual Interest and Loss of Chance" («A tutela ressarcitória no Direito dos Contratos Públicos: interesse contratual positivo ou negativo e perda de chance»), which presents a succint breakdown of the various possibilities of contractual and pre-contractual damages that the Administration may cause private individuals wanting to celebrate contracts with the former, and clarifying the legal regime applicable to each case.

In his turn, David Silva Ramalho, associate at SÉRVULO, has co-authored an article with Rui Soares Pereira, Professor at the Faculty of Law of the University of Lisbon, that analyses the special forms of procedure in Portuguese criminal procedural law, and they discuss the decision of the Constitutional Court that declared the unconstitutionality, with general binding force, of the norm of article 381, Paragraph 1, of the Code of Criminal Procedure, and the amendment introduced by Law 20/2013, of February 21, according to whose interpration the summary process which it foresees is applicable to crimes whose abstractly applicable maximum penalty is more than five years' imprisonment, for violation of Article 32, Paragraph 1 and 2, of the Constitution.

In this same issue, David Silva Ramalho with José Duarte Coimbra, who is a trainee lawyer at SÉRVULO, discuss how the keeping of internet traffic data for the purpose of investigating, detecting and prosecuting serious crimes has envolved and been framed, especially focusing on the decision of the European Court of Justice that declared null Directive 2006/24/CE and its effects in the application of Law 32/2008, of July 17.