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Navegando Direito por Autor "Alves, Verena Holanda de Mendonça"

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    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/6473788796313910
    The 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.
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    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.