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Navegando Direito por Autor "Alves, Verena Holanda de Mendonça"
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Item A violência contra a mulher e a legítima defesa antecipada: uma união juridicamente possível?(Centro Universitário do Estado do Pará, 2020) Vergolino, Jamylle Regina de Melo; Doliveira, Vitória Moreira; Alves, Verena Holanda de Mendonça; http://lattes.cnpq.br/6473788796313910The present work aims to make an analysis of the so-called “anticipated” Self-Defense, in situations of violence against women, in cases in which she cannot have a reaction at the exact moment of the aggression, coming to realize the legitimate defense in a moment of carelessness of the aggressor, cases in which these women have been suffering these aggressions for years. This thesis is widely discussed in the current world, since the doctrine classifies that crime is every typical, anti-legal and culpable action. However, there are some cases presumed in the Legal Order, which bring a possibility of excluding illegality, in cases where there are plausible justifications for the occurrence of the illegal act. The work will make an analysis of exceptional but existing situations that deserve to be analyzed in a more specific way, and the application of the thesis of the anticipated self-defense proposed by the penalist Claus Roxin and by the Federal Judge William Douglas and if this thesis can be applied to cases of women victims of domestic violence who decide to act against their aggressor in a moment of carelessness, because what differs it from the classic legitimate defense, there is no current and imminent aggression, there is only a future and certain aggression. The methodology used for the preparation of this work will be the deductive method with a qualitative approach, using bibliographic readings as a technique, as well as articles and documentaries that allow a better understanding of the chosen theme.Item O caso Olga Benário sob a Fórmula de Radbruch: uma análise jurídica(Centro Universitário do Estado do Pará, 2019-06-04) Todde, Monique Melo; Nascimento, Yúdice Randol Andrade; http://lattes.cnpq.br/2711805209472107; Alves, Verena Holanda de Mendonça; http://lattes.cnpq.br/6473788796313910The present case study deals with various themes, all of them linked in a philosophical concept corresponding to a main theoretical reference. The main idea came from the knowledge and acess to the full content of the Habeas Corpus n° 26.155/1936 – Case Olga Benário, in diligences next to the File Section of Coordination of Document Management and Institutional Memory of Federal Supreme Court, wich is attached to this work. The work was, in essence, directed to the letter that corresponds to “Five Minutes of Legal Philosophy”, a circular that Gustav Radbruch addressed to the Heidelberg University academics, published in the edition of september 12, 1945. The effective concept of justice is discussed, the historical background linked to the theoretical reference and if the case was judge correctly back them, or whether it could be done otherwise. The concept of Access to Justice in a context of clear regime of exception in the face of the historical aspects that guided the trial and its due circumstances, is a striking feature of this extremely controversial theme for his time, mainly due to the jurisdictional burden conferred by the STF. For finish, the question will be respond by the premise that unjust law is not law. The goverment of Getúlio Vargas complied the law, treating the judgment of Olga Benario as unilateral, so that it will be argued that justice did not occur in this trial.Item Isolamento social durante a pandemia da COVID-19 no Brasil e a violência doméstica contra a mulher: um entendimento a partir de gênero e patriarcado(Centro Universitário do Estado do Pará, 2020) Silva, Kaio Vitor Pereira da; Lima, Melina Coelho Marques de; Alves, Verena Holanda de Mendonça; http://lattes.cnpq.br/6473788796313910The delimited subject to this research refers to the increase in the number of reports domestic violence against women during sars-coV-2 pandemic in Brazil. The major issue in this research is based on the following questioning: In which way the patriarchy subsidizes for the increase in the number of reports of domestic violence against the female gender on the time of March and April, the most intense period of social isolation in Brazil due to the pandemic? The hypothesis sustained here is that the patriarchy structure of the men domination over women, as an excuse to the formation of hierarchy between genders, and is also responsible for the human rights and infra-constitutional rights violation, is accountable for what is called by the theoretical Carole Pateman “The law of male sex-right”. This male sex-right raises in men the sense of possession over women’s bodies, as if they were not rights holders as men are, encouraging the practice of discrimination and violence against the female gender. In this degree, the research proposes to comprehend, using mainly works of feminists authors that contributes to the subject of the present article, the women domestic violence phenomenon from gender relations that occasioned the material base of the patriarchy that is structured and institutionalized in the society nowadays.Item 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/6473788796313910This 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.