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A (in)eficácia das medidas protetivas e a violência doméstica e familiar: impactos do isolamento forçado diante da pandemia de COVID-19
(Centro Universitário do Estado do Pará, 2021) Sousa, Arielle da Silva de; Vieira, Letícia de Paula Sousa; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
This article aims to analyze Law no. 11.340, of August 7, 2006, known as Lei Maria da Penha, created as a legal instrument to protect the physical, moral, psychological, social and patrimonial integrity of women in the face of gender violence. We propose this work as a way to analyze the effectiveness of urgent protective measures arising from the Maria da Penha Law after 14 years of validity. In the meantime, we seek to show the difficulties of identifying cases of domestic and family violence and applying the protective measures contained in the law to protect women, as evidenced in the COVID-19 pandemic period. The hypotheses of the appropriateness and applicability of urgent protective measures will be addressed in this article, showing a comparison of data on the increase in cases, showing the State of Pará in 2020, in the period from March to May, compared to the previous year by the same period in order to demonstrate whether the Maria da Penha Law and its mechanisms are fulfilling their objective.
A mulher quando vítima no crime de estupro e sua palavra como prova no processo penal
(Centro Universitário do Estado do Pará, 2021) Costa, Amanda da Silva; Santos, Maria Clara Moreira Matos Costa; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
This article aims to clarify sexual violence in rape crimes against women in circumstances in which the victim's testimony is the main means of evidence for solving the crime. In this sense, we will seek ways to clarify why the lack of relevance to her testimony and the reasons for the suspicions about a certain female stereotype are so intertwined with the legal and social sphere experienced by the victim at the moment of the testimony. Based on the literature review, the consequences generated by a sexist and patriarchal society will be demonstrated, thus constituting institutional violence, present in the Judiciary.
Acordo de leniência na lei anticorrupção: o conflito de atribuição para celebrar acordos
(Centro Universitário do Estado do Pará, 2018-06-19) Macedo, Hanna de Assis; Farias, Klelton Mamed de; Lima Filho, Eduardo Neves
This monograph deals with a problematic of the organizational conflict to celebrate leniency agreements, in the mold of art.16 of Law 12.846 / 2013 (Anti-Corruption Law). The approach starts from a perspective of aspects related to the institute and the context of production of the law. The requirements for concluding an agreement are set out below. Continuing, we deal with the main problem of work and as an instance of emergency. In addition, we will briefly review an application of the institute in practical cases. Finally, it is pointed out the importance of developing a national anti-corruption policy based on the systematic analysis of the provisions in force in the Brazilian legal system and of the International Conventions that Brazil is a signatory.
Acordo de não persecução penal como uma forma de desburocratização da justiça criminal no Brasil
(Centro Universitário do Estado do Pará, 2020) Santos, Jairo Salomão Matos dos; Engelhard, Renan Moreira; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
The present scientific work aims to analyze the origin of the Penal Non-Persecution Agreement, through the North American plea bargain, as well as its origin in Brazil, through resolution nº 181/2017, as amended by resolution nº183 / 2018 of the National Council of the Public Prosecutor's Office and subsequently introduced in the Penal Procedure Code in its article 28-A, through Law No. 13.964 / 2019 which deals with the Anti-Crime Package. In this way, an investigation will be carried out through dissertations, doctrines, books and jurisprudence of the Non-Criminal Persecution Agreement, as well as its effects in the country that in a certain way already has its presence in the legal system, and will continue for conceptualization and analysis regarding practical application of the ANPP and then to the central point, which is an analysis of the constitutionality of the agreement and the conflict of principles and regulations existing in it.
Análise da produção de provas ex officio segundo o art. 156, inciso I do Código de Processo Penal à luz do princípio da imparcialidade do juiz
(Centro Universitário do Estado do Pará, 2018-06-29) Puget, Lucas França; Farias, Klelton Mamed de; Pereira, Débora Simões
This monograph had scope in addressing the issue of the constitutionality of art. 156, item I, of the Code of Criminal Procedure. The article in question establishes that the judge may ex officio produce early evidence, even before the criminal action has been initiated, and because of this has generated much discussion before the doctrine. In this context, the work aims to analyze the possible unconstitutionality of the article in question, using an exploratory methodology, regarding the type of research and its objectives, through a review of legal norms, jurisprudence, doctrines and General Principles of Law. In this way, we will first deal with criminal procedural systems and their relations with art. 156, item I, of the Code of Criminal Procedure. An analysis will then be carried out in the light of the principles of criminal procedure and doctrine. Subsequently, jurisprudence will be verified concerning the production of ex officio evidence and its possible violation of the principle of impartiality. Finally, there will be an investigation into possible solutions to the discussion on the constitutionality of art. 156, item I, of the Code of Criminal Procedure.
A aplicação da Lei Maria da Penha para sujeitos transgêneros
(Centro Universitário do Estado do Pará, 2019-06-03) Sousa, Peterson Pedro Souza e; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The purpose of this paper was to analyze the applicability of the Maria da Penha Law to transgender people. As an example of this issue, a transvestite was taken into account, which opened a precedent to the Pará State Court. The research problem of this paper revolves around divergence of concepts of gender, transgender and domestic and family violence against women according to Law 11.340 / 06. Firstly, the complexity of the topic was emphasized, presenting the doctrinal and jurisprudential divergence that provoke an environment of uncertainty regarding the application of the norm to transgender people. Establishing the needs to explore the concepts, this research was directed to clarify the modern definition of gender and transgender, already internalized in the legal order of the country. Afterwards, gender violence was analyzed in the Maria da Penha Law, exploring the arguments used by modern doctrine, highlighting the people protected by the norm and the respective deployments of the application for transgender people. Finally, after examining the concepts, the study with Guilhermina's case which was exemplified, observing the arguments that based the decision of applicability of Law 11.340 / 06 for a transvestite under the prism of the conclusions of the research.
As organizações criminosas no Brasil e as implicações de uma segurança estatal deficitária
(Centro Universitário do Estado do Pará, 2021) Oliveira, Giovanna Semblano Vieira; Machado, Nicolle Monteiro; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
This article aims to analyze the implications faced by the deficient protection of the State and its relationship with the emergence of Criminal Organizations, in the light of Law 12,850/13, with an emphasis on Drug Trafficking. The theme has great relevance, as it deals with the problematic connection between the absence of public security promoted by the State and the growth of Criminal Organizations in the country. It also brings a deep reflection on the origins of these organizations, their connection with the government, as well as their consequences and consequences for the future of the population. Finally, it makes a concrete analysis of Criminal Organizations and some formal limits to the State's performance, based on a recent decision by Minister Edson Fachin. It is concluded that the absence of State protection to the population allows Criminal Organizations to gain more strength and have more power over the population, creating chaos in society. Thus, the State needs to seek measures that guarantee rights for all.
Foro por prerrogativa de função: uma análise voltada ao Supremo Tribunal Federal e a necessária alteração da garantia
(Centro Universitário do Estado do Pará, 2018-06-19) Tandaya, Vanessa Matos; Farias, Klelton Mamed de; Lima Filho, Eduardo Neves
This undergraduated thesis is scoped to analyse specific points of the broad debate which already occurs for decades about the legislative immunity. The work starts showing how this Institute was introduced in the Brazilian legal system, how was your scope and what are the reasons that led the Brazilian constituent increase significantly the list of beneficiaries by parlamentary immunity. Therefore, explains himself about problems arose on the subject and that had to be discussed by the Brazilian Supreme Court since this has the scope of the guardian of the Constitution, notably to both landmark and three very important judged that somehow changed the understanding which had about the Institute. Parses the arguments used by scholars to defend the maintenance of the legislative immunity, as well as to defend the exclusion of warranty of the Brazilian legal system. I thought important to bring practical examples also experienced currently by the judiciary, and, specifically, for example, demonstrating the accumulation of procedural situation experienced by the Supreme Court, generating, by as a result, prescription and impunity. Finally, I express my critical thinking about the debate, as well as a possible workaround to the problem.
Impossibilidade de responsabilização penal dos entes coletivos no Brasil face à dogmática penal
(Centro Universitário do Estado do Pará, 2021) Siqueira, Ester da Conceição; Miranda, Lucas Henrique Uchôa; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
The work deals with the criminal liability of the legal entity from the perspective of the finalist theory of human action, which has Hans Welzel as a precursor in the mid-twentieth century (1930-1960). Specifically, it seeks to analyze the foundations that make the criminal liability of the collective entity unfeasible according to the theory mostly adopted by the Brazilian doctrine: Human conduct as voluntary behavior psychically directed to an end. However, from this premise, new clashes, divergences and interpretations arise. Many scholars have questioned this interpretation, considering it outdated from the point of view of the new corporate criminality, adopting a pragmatic bias for the purposes of applying criminal law. Thus, in the first place, the problem is analyzed from a practical point of view and its treatment by doctrine and higher courts as the outdated theory of objective imputation and who can appear as the defendant in the crime for purposes of general criminal liability; then, the problematics are presented from a dogmatic point of view for the adoption of this responsibility in Brazil in the face of the theory of crime, as well as some criticisms from the doctrinal point of view of the criminal responsibility of legal entities. Finally, a critical appraisal is made, seeking to show some limitations of the modern interpretation of the theory of crime for the purpose of arbitrary punishment in detriment of its application.
A imputabilidade penal dos psicopatas à luz do ordenamento jurídico penal brasileiro
(Centro Universitário do Estado do Pará, 2018-06-20) Moura, Heitor Pereira de; Farias, Klelton Mamed de; Pereira, Débora Simões
This undergraduated thesis is scoped to analyse the penal imputability of criminals diagnosed as psychopaths. The work starts showing the evolution of the theory of culpability, defining its concept and focusing on one of the elements that constitutes it, the imputability. Therefore, a study is done about the figure of the psychopath, utilizing the support of psychiatry and psychology, analyzing the concept of psychopathy, it’s unique aspects and the relation existing between psychopathy and crime. It is intended to analyse the culpability capacity of psychopaths, if they should be judged imputable, semi-imputable or unimputable. It was necessary to bring examples of practical order experienced by our judicial power, to show the response given by our legal order to these individuals. Lastly, I show my critical position about the debate, as well as a analysis about the measure adopted by our magistrates due to the failure of Brazilian legislation in dealing with cases involving psychopaths.
Limites do princípio da presunção de inocência em face do Ministério Público
(Centro Universitário do Estado do Pará, 2019-06-03) Silva, Ricardo Coelho da; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
This monograph uses the limits of presumption of innocence and the features of public ministry. The first chapter organizes the general aspects of principle of innocence presumption and also, the features of public ministry and functions in the brazilian criminal process. The second chapter clarifies objective and subjective limits of presumption of innocence, considering also the public ministry representant, other and parts of process, a example the police authority and the judge, on situations that restrict the principle reach. The third chapter demonstrated the moments during the process (in broad sense) where the presentation of representant of public ministry meant restrictions to the subjective limits of principle, as example the presentation of report and the restrictions on subjectives limits, where the own law predict the distance of principal. Ultimately, on fourth chapter it see situations on criminal process (broad sense) where the punisher pretention is removed, keeping the presumption of innocence in the imputed, happening as example on the archiving request of police survey or on obsolution request, on the final allegations. From this, it is concluded for the mutability done by the representative of the public ministry, that can happen voluntary as those two examples mentioned, or impositively, as example, the acquittal judgment criminal that will prevent punisher pretension.
O julgamento da presunção de inocência no Supremo Tribunal Federal, Artigo 283 do CPP segundo a visão de Hart
(Centro Universitário do Estado do Pará, 2020) Rocha, Leonardo Marques Macedo da; Fanjas, Matheus de Freitas; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
With the advent of the 1988 Federal Constitution, art. 5º, LVII (“no one will be found guilty until a convicting criminal sentence is passed”) enshrines the principle of the Presumption of Innocence as an individual constitutional right. From 1988 to 2009, it was decided according to the specific case. The STF's understanding was established, preventing the arrest after the second degree trial in 2009. The Brazilian Supreme Court in 2016 declared the possibility of arrest after the second degree decision. The decision ignited the controversial issue and prompted statements by the main Brazilian legal institutions. In November 2019, by 6 votes to 5, the Supreme Court declared the constitutionality of the provision of the Code of Criminal Procedure which states that no one can be arrested before the end of the process (the so-called unappealable transit). This means that second-level conviction alone is no longer sufficient to arrest someone before the appeals possibilities are exhausted. Celebrated in all the constitutions of the modern world, renowned in the main international juridical courts, the presumption of innocence has overflowed its roots since the time of the Enlightenment and presents itself as one of the vital fundamental rights of our 1988 Constitution. it is intended to critically expose the normatization of this constitutional guarantee, as well as its understanding by the Brazilian Constitutional Court. To this end, we will analyze the guarantee of the presumption of innocence with the Code of Criminal Procedure, also using the analysis of the systematic consequence of the appeals of the domestic procedural legislation.
O papel do inquérito policial no processo penal brasileiro
(Centro Universitário do Estado do Pará, 2022) Feio, Victor Lisbôa; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
The present work deals with the role of the police investigation in the Brazilian criminal procedure, and aims to understand its importance in criminal prosecution, specifically to understand the reasons that lead to its indispensability for criminal prosecution. Through the presentation and discussion of the theses of dispensability and indispensability, we seek to analyze the concepts and definitions present in the doctrine and their applications to judicial decisions. For that, an applied qualitative research was carried out, through a bibliographical and jurisprudential survey. Arguments were presented regarding the two theses, with definitions of data by the authors used as a reference for the research, so that such arguments were discussed and confronted, with the objective of demonstrating and understanding the importance of the police investigation and its indispensability in criminality. Finally, it was concluded that the inquiry is of paramount importance in the Brazilian criminal procedure, being indispensable for criminal prosecution, due to its elucidative investigative purpose.
A questão da aplicação da Lei Maria da Penha às mulheres transexuais e transgêneros enquanto vítimas de violência doméstica e familiar
(Centro Universitário do Estado do Pará, 2018-06-28) Moraes, Letícia Gabrielle Moraes de; Farias, Klelton Mamed de; Azevedo, Thiago Augusto Galeão de
This present monograph discusses the possibility of applying Law 11.340/06, Lei Maria da Penha, to transgender women as victims of domestic crimes. This study will be approached from the struggle history of the feminist movement to guarantee rights for them. The feminist movement, throughout its theories, created the theory of gender, and, with that, the possibility of considering people from their gender identity, leaving aside the classical theories and the binary view of sex. Domestic violence does not only affect women, because it is not just a biological issue, it is a gender issue, it goes way beyond. In order to minimize domestic violence against transgender women, the present study aims to demonstrate, with the concept of gender, that transsexual and transgender women can be considered as women, and therefore, it is possible to apply the Law 11.340/06 to them. From a qualitative research, made through the deductive method and a technical bibliographical and documentary procedure, it is tried to demonstrate how the subject is being treated in the nowadays and if it is possible to apply the law to transsexual and transgender women. Then, considering that the legal system seeks isonomic and equality, in thesis, then the constitutional principles indirectly guarantee that the law can be extended and applied to them, since the non-application of this law can bring an affront to the constitutional principles equality, sexual freedom and the dignity of the human being, hence the importance of this study.
Sistema penitenciário e alas específicas para transexuais: segregação ou proteção?
(Centro Universitário do Estado do Pará, 2018) Carvalho, Ana Clara Alves de; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124; Simões, Débora
This monograph aimed at exposing the historicity of gender concepts and its constant evolution, highlighting the emergence and use of the expression "gender identity" in the most recent verdict of the judiciary. This work discuss the prospective implementation, of wards dedicated to transexual individuals, into the penitentiary system of the state of Pará, trying to understand wether the implementation of such wards would be a form of protection to these individuals, regarding the reduction of physical and psychological violence, mainly from other prisoners, wether it would be a form of segregating the LGBTI individuals in jail, which would be transferred to that ward, so that the segregation from other detainees would be a masked form of prejudice. To that end, It is discussed the binary system - female or male gender - in which the Criminal Enforcement Law is based on, as well as principles inherent to the human person, such as the principle of isonomy and dignity of the human person.
Teoria da cegueira deliberada como fundamento na condenação por lavagem de dinheiro: uma análise do voto da ministra Rosa Weber na ação penal 470
(Centro Universitário do Estado do Pará, 2019-06-03) Coelho, Samuel Lucky Lucyano Novaes; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124; Alves, Verena Holanda de Mendonça; http://lattes.cnpq.br/6473788796313910
This study aimed to analyze the theory of deliberate blindness, of Anglo-Saxon origin, with the Brazilian legal system. The work is part of the Minister Rosa Weber in Penal Action 470 and the founders of the conviction to criminal law for the crime of money laundering, based on the theory of deliberate blindness and the objectives pointed out in its application. And then, successing two problematic in relation to the vote of the Minister, being a first order of comparative law, and a second, of dogmatic nature. As a monograph, that is, a bibliographical research of its doctrinal and jurisprudential columns on the presented theme, the presente work sought to describe a way of pronouncing on the theory of blindness as a whole. American and Spanish, demonstrating a lack of uniformity in which science has been applied by these countries. Finally, it was useful to analyze the theory of blindness deliberated by the Brazilian legal system, especially in the contours of the deceit figure, and its importation is eminently possible. In order to fulfill this goal, to a certain extent sources of information, highlighting the books, scientific articles and sites that advertise jurisprudence.

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