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Strasbourg court rejects complaint by woman whose husband viewed dating emails – Observer

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Strasbourg court rejects complaint by woman whose husband viewed dating emails - Observer

The Human Rights Court on Tuesday denied that there had been “any violation of the right to respect for privacy” in a Portuguese citizen’s complaint against her ex-husband, who submitted “emails” as evidence in Portuguese courts.

The complaint, rejected by the Strasbourg Court, concerns the fact that the husband, in the divorce proceedings in the dispute over the parental responsibility of the couple’s two children, sent emails to the court, which he found on the family computer in court, against the spouse. November 2010, an exchange between his then-wife and male partners engaged in “informal dating” on the Internet.

Through the “emails” submitted to the court, a Spanish citizen claimed that these conversations by his then Portuguese wife, as they were proof that he had an extramarital relationship during his marriage

In August 2011, the citizen filed an appeal with the Lisbon Family Court with a request to return his children and temporarily establish his residence in Portugal. Later, in October 2011, he filed for divorce in Portugal.

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In September 2013, the Lisbon Family Court suspended the case pending a decision by the Court of Justice of the European Union (TJEU) that a judicial authority has jurisdiction to resolve the dispute.

In June 2015, the CJUE considered that the first jurisdiction to which the claim was filed, namely the Spanish courts, was competent to rule on the case. At the end of the divorce proceedings filed in Spain, the Portuguese woman and her husband were declared divorced, while the woman’s residence rights were granted, and her ex-husband shared the communication rights with the children.

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However, in March 2012, a woman filed a criminal complaint with the Portuguese prosecutor’s office, accusing her husband of violating the secrecy of correspondence under article 194 of the Criminal Code, claiming that she gained access to her account mailbox on a “date”. site ”on the Internet and printed out“ emails ”she exchanged with some men“ on the Internet, ”including documents in a case filed with the Lisbon Family Court.

In October 2012, the Portuguese prosecutor’s office ordered to suspend the process, and in November 2012, the woman asked to take part in the criminal process as an assistant (to cooperate with the prosecution) and demanded to start a judicial investigation. However, the woman did not claim compensation, and the investigating judge decided to dismiss the case.

Inconsistent The woman appealed to the Lisbon Court of Appeal, which ruled that “there was not enough evidence” to order the trial of her ex-husband.

Under Article 8 of the Convention on Human Rights (the right to respect for privacy and correspondence), the woman complained to the Strasbourg Court that the Portuguese courts did not punish her husband for allegedly illegal access to e-mail, which she switched to dating. ‘site’.

An application was lodged with the European Court of Human Rights on March 29, 2014, and the judgment was rendered by a chamber of seven judges., which includes Portuguese Magistrate Justice Ana Maria Guerra Martins.

The Strasbourg Court concluded that the case concerned an interference with the applicant’s / woman’s private life by a citizen with whom she was married and not by the State. However, their complaints concerned the State’s positive obligations under Article 8 of the Convention.

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Thus, the Strasbourg Court also concluded that with regard to the Portuguese legal system, given what happened (email access), the Portuguese MP started an investigation and the woman was allowed to participate in the criminal process as an assistant, which made it possible actively participate in a criminal case.

Moreover, as the judges in Strasbourg understood, the plaintiff could have filed a claim for damages by asking to institute criminal proceedings, but she did not and therefore waived this right.

With regard to email access, The Strasbourg court found that the Lisbon Court of Appeal held that the woman had given her husband full access to her website account and that, as a result, these messages were part of the couple’s private life., and agreed with the Lisbon Court of Appeal as to the relevance of these communications in the civil case at hand.

At the same time, as noted by the Strasbourg judges, the communications in question were not considered in practice, since the Lisbon Family Court had not ruled on the merits of her husband’s requests.

Consequently, the Strasbourg court decided not to see “any relevant reason” for replacing the Portuguese courts’ decision with its own, especially since the Portuguese authorities balanced the interests in the dispute in accordance with the criteria defined in their jurisprudence.

In conclusion, he considered that the Portuguese State had thus fulfilled its positive obligation to protect the rights of women to respect for their private life and the confidentiality of their correspondence, so that there was no violation of Article 8 of the Convention.

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A BOLA – Joao Felix justifies Simeone’s bid (Atlético Madrid)

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A BOLA - Joao Felix justifies Simeone's bid (Atlético Madrid)

The Spanish press seems to have given up on João Felix’s early season. The Portuguese player is in great shape at Atletico Madrid, promising to fight for his spot and make his mark in the tournament. mattresses, after a more turbulent period in the Spanish capital.

Was hired by Benfica in 2019 for an operation that brought in 120 million euros to the treasury eagles, the Portuguese striker quickly gained attention in the first games he played for the Spanish side, with goals and influential performances for Diego Simeone’s squad.

But what seemed like João Felix’s meteoric rise was overshadowed by a string of injuries and lack of rhythm, reasons that led him to lose confidence and place in the team. mattresswho has names like Luis Suarez, Lemar, Correa or Carrasco playing in positions where the Portuguese can act.

Having decided to undergo surgery due to an injury that has plagued him since he arrived in Madrid, João Felix recently returned to the team and, as writes AS, proves the reasons why Atletico officials paid the amount they paid for it.

In the last three matches against Milan, Barcelona and Liverpool, the player played a decisive role in the attacking process of the team, playing well and giving assists. The team has always shown him good results on the field, and Felix seems to have finally taken a dominant place in Coach Simeone’s team.

The Portuguese have shown great talent in recent games and the ability to communicate with attacking players. mattress, the reasons why Luis Suarez recently praised the player: “This will be the year of Joao Felix,” the Uruguayan player guaranteed.

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Portuguese government approves proposed labor law amendments

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The government approved today (21) in the Council of Ministers a proposal to amend labor legislation, which takes into account the priorities identified in the Decent Work Agenda.


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The proposed law, approved today, said the minister under President Mariana Vieira da Silva, “continues to amend labor legislation under the Decent Work Agenda through a range of measures to promote employment and its quality, combat instability,” strengthen workers’ rights, strengthen protecting young people and improving the balance between personal, professional and family life. “

The government is making it possible to amend labor legislation at a time when this topic is also one of the central ones in the discussion of the State Budget for 2022 (OE2022) and when the approval of OE2022 is not yet guaranteed.

The proposal will now be sent to parliament, where bills by various parties are already being discussed on labor issues, namely remote work or overtime pay.

Prior to this approval, changes in labor legislation under the Decent Work Agenda were discussed by the Public Concern, and this process ended without a proposal from the government, which managed to obtain the consent of the social partners.

Fixed-term contracts and overtime

Compensation for termination of fixed-term contracts will be extended to 24 days in accordance with the proposed amendment to labor laws approved today, and the cost of overtime work in excess of 120 per year will resume in effect until 2012.

The measures were announced today by Labor Minister Ana Mendez Godinho at the end of the Council of Ministers meeting and are part of a government proposal developed under the Decent Work Agenda, which will now be sent to parliament.

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“With regard to combating unjustified volatile work and avoiding unjustified volatile work, the Council of Ministers decided to increase compensation for termination of fixed-term contracts, which is now 24 days a year,” said Minister Ana Mendes Godinho.

This measure doubles compared to 12 days a year, which are now provided for in the law, and, according to the minister, this measure is applied “for the future” from the moment it comes into force, that is, it no longer applies to contracts. during.

The proposal also includes a change in the amount of overtime pay, the restoration of amounts that were in force before the amendment of the Labor Code in 2012, in the event that overtime hours exceed 120 hours per year.

“With regard to overtime hours exceeding 120 hours per year, the amount of payment for hours valid until 2012 will be replaced,” the minister explained.

In 2012, after the amendment to the Labor Code, workers began to receive for every hour of overtime work an increase of 25% in the first hour (instead of 50% foreseen until then) and 37.5% for every hour of overtime. the next (against the previous 75%).

At the same time, the allowance for each hour of overtime work on a public holiday was reduced from 100% to 50%, and the rest period in force before that was canceled.

In 2015, a 50% reduction in pay for overtime work, work on public holidays or weekly days off was canceled, but only for situations covered by collective bargaining.

The restoration of values ​​is one of the measures that trade union centers and left-wing parties advocate.

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Check minigame titles in Portuguese

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Check minigame titles in Portuguese

Everyone already knows that Mario Party Superstars will be the first Nintendo Switch game to be fully localized in Brazilian Portuguese. But how this process is progressing is a big question.

Fortunately, Mario Party Superstars official site in Portuguese can show a preview of how the game is translated. On the game page, you can see how the minigames from the title have been adapted.

The official site divides mini-games into categories: “All against all”, “Duels”, “One against three”, “Two against two”, “Record”, “Sports and puzzles” and “Collecting coins”. In addition to the names of the minigames, the descriptions were also localized.

A highlight are some fun adaptations such as Tonto Correio, which derives from the carrier pigeon, Deton Bowser, which is a clear reference to the Deton film Ralph, Shy Guy Mandau, which originates from the game Master Mandau, and Espinhozo Bospo, which references the classic The Godfather; among other examples.

Mario Party Superstars launches on Nintendo Switch on October 29th. The game will support online matches.


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