Navegando por Autor "Lima Filho, Eduardo Neves"

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A lei como arma de guerra: os efeitos do lawfare sobre o regime disciplinar diferenciado
(Centro Universitário do Estado do Pará, 2022) Silva, Lucas Vinício Reis da; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
The Law, symbol of the Democratic Regime, is increasingly criticized, especially after the advancement of studies on lawfare, the use of the norm as a weapon of war, to silence or neutralize the enemy. Thus, Charles Dunlap Jr and David Luban discuss the effects of this nefarious institute, based on the assumption of legislation in a broad sense. However, the core of the debate lies precisely in the use of lawfare in the legislative scenario, with the enactment of more severe and abstract criminal types, according to the teachings of Santoro and Castelo Branco. Therefore, we seek to investigate, through a bibliographic review, whether the hardening of the Differentiated Disciplinary Regime (RDD), by the anti-crime package, which allowed its decree even without the commission of serious misconduct, would come from lawfare. Finally, we understand that the changes in the RDD are effects of lawfare, even without a pre-defined opponent, which will later facilitate the indiscriminate action of judges in the specific case
A relativização do consentimento de mulheres vítimas de estupro de vulnerável na hipótese de embriaguez voluntária
(Centro Universitário do Estado do Pará, 2023) Pires, Isabella Dalla Bernardina Flexa Ribeiro; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
The objective of this article is to discuss the imbroglios involving the habitual behavior of women in relation to the consumption of alcoholic beverages at their own will and its reflection on the issue of putting themselves at risk of being a victim of a possible rape as vulnerable, by the relativization of consent. The theme is analyzed through a critical analysis of books, data, jurisprudence and criminal law manuals. The evolution of sexual crimes in the Brazilian legal system is clarified, focusing on the insertion of Art. 217-A and its respective first paragraph in the Penal Code, by Law Nº 12.015/2009. The consumption of alcoholic beverages today is also addressed, with regard to a hypothesis of vulnerability that results in preventing the offering of the resistance mentioned for the typification of the crime, due to the effect of alcohol in the body. However, the criminal type is still interpreted with a sexist bias in relation to female victims, given the historical construction of a patriarchal society that perpetuated judging teachings of female behavior recognized by gender inequality, about who can be considered a victim of sexual violations, especially in view of the moral of the honest woman. Finally, the consequences of the issue in the criminal process are highlighted.
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.
Cracolândia, racismo de estado e neoliberalismo: uma abordagem foucaultiana
(Centro Universitário do Estado do Pará, 2019-06-17) Rodrigues, Ana Bárbara Bentes; Lima Filho, Eduardo Neves; Azevedo, Thiago Augusto Galeão de
This work had as an immediate objective to understand to what extent State Racism manifested itself in Cracolândia located in the Center of São Paulo. It was analyzed the function of crack users within Biopolitics and how the compulsory hospitalization institute was used as an instrument of social hygiene.In addition, a relationship of interdependence between the Security Mechanisms, the Biopolitical System and State Racism was evidenced, since it was verified the application of a technique capable of assassinating a certain social group, with the justification of constituting itself as a risk to the good functioning of society, since it is considered the manifestation of the most repulsive elements within the society.It was a monograph, coming from a bibliographical research of description of the doctrinal positions on the proposed subject. To fulfill this purpose, some sources of information were used, especially books, scientific articles and journalistic articles. In this research, it was analyzed how the Cracolândia can be studied starting from a biopolitical context. Then, it was investigated how the security, based on the culture of the fear was used as pillar to move neoliberal conducts was present from the analysis of the concept of scapegoats presented by Jock Young and of the presentation of the neoliberal governmentalality elaborated by Michel Foucault.Finally, State Racism was demonstrated as an application of a social sanitation of crack users in the city of São Paulo, executed through the exclusionary discourses proposed by neoliberal rulers and truculent police actions.
Direitos humanos, cárcere e tortura: uma análise crítica da atuação da força-tarefa de intervenção penitenciária após o massacre no presídio de Altamira em 2019
(Centro Universitário do Estado do Pará, 2023) Miranda Júnior, Carlos Egger Carvalho; Souza, Fábio Natel Louzada de; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
This study presents a critical analysis of the performance of the PenitentiaryIntervention Task Force (FTIP) following the massacre at the Altamira prison in 2019. The objective is to assess the extent to which the FTIP's intervention in the state's prisons, following the Altamira incident, was effective in ensuring proper management of the penitentiary system in Pará. The article examines the prison system in Pará, provides an overview of the Altamira massacre in 2019, and analyzes a report from a commission that visited the prisons. The deductive method is employed, with a qualitative theoretical and empirical study approach. The research technique involves bibliographical and documentary analysis. In summary, it is concluded that the Brazilian state is inefficient in the management of the penal system, resulting in a lack of inmate reintegration into society. Society needs to demand effective measures for social reintegration and the expansion of decriminalization measures to reduce the prison population. Furthermore, it was observed that the Penitentiary Intervention Task Force in Pará was ineffective and violated constitutional guarantees. The arrival of the task force reinforced harmful stereotypes, and the victims of the Altamira massacre did not receive justice due to the conduct of the government.
Em que medida a Súmula 52 do STJ pode acarretar constrangimento ilegal por excesso de prazo em acusado preso preventivamente considerando o trâmite do processo penal?
(Centro Universitário do Estado do Pará, 2020) Klautau, Fábio Costa; Martins, Jonas Neto de Rezende; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
Study that aims to analyze the preventive detention institute and its applicability in the Brazilian legal system, as well as to defend the need for legal regulation of delimitation of a maximum term, as is currently the case with temporary detention. The deductive approach was adopted and bibliographic research was used as the procedure method. It was verified the importance of dealing with the subject due to the great repercussion and controversy that surrounds the theme, so it is questioned to what extent the absence of a law that defines a maximum term for pre-trial detention can mitigate the constitutional principle of reasonable duration the process and the presumption of innocence and, consequently, generate the non-observance of the constitutionally guaranteed fundamental rights. It is concluded that the present theme is pertinent insofar as it analyzes the Penal Code and the Code of Criminal Procedure, which guarantee the fluidity and observance of the procedural rules that guarantee the execution of the sentence with due proportionality and reasonability inherent to each case concrete.
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.
Insegurança nacional: uma análise sobre segurança pública e o papel das polícias no Brasil
(Centro Universitário do Estado do Pará, 2023) Santos, Carlos Joás Navegantes dos; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
The present work has as its guiding question “can police wings guarantee the public safety of black and poor people?” its general objective being to verify if the police are able to guarantee public security, and having as specific objectives: a) to analyze what public security is; b) verify the role of the police in ensuring public safety; c) verify if there are social markers that affect this function; d) analyze the difference between views on the purpose of police forces; e) verify the general opinion of the population on public safety and the performance of the police. The text goes through the construction and conceptualization of the term public security and its origin in the modification of the term national security, as well as analyzes how these two logics of thinking about security generate different visions of what would be the objective of the police, passing through an analysis of how these visions can serve to legitimize violence against black and poor people. Finally, the text concludes that the police, in their current form, cannot guarantee public safety and only serve to generate more insecurity, specifically for people endowed with race and class.
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.
Mulheres na prisão: a relação do aumento do encarceramento feminino com a atual política de drogas brasileira
(Centro Universitário do Estado do Pará, 2020) Santos, Isabel Reis dos; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
The purpose of this scientific article is to analyze the extent to which Brazilian drug policy currently affects the increase in female incarceration, and to do so, first determine the causes that lead to the involvement of women in drug trafficking, in what way the action of the authorities at the time of arrest and the following conviction of these women, the treatment given to them while in prison, taking into account the particularities inherent to the female gender within the prison reality, as the war on drugs policy is used as a justification for the discretion of the authorities that exercise greater social control in specific and minority groups in society. And, finally, alternative measures to prison are sought, and prevention measures for these women. Thus, in order to carry out this work, bibliographical studies were carried out on scientific research on the phenomenon of female incarceration.
O assassínio da população negra no Brasil: uma análise à luz das ferramentas foucaultianas
(Centro Universitário do Estado do Pará, 2022) Silva Filho, Carlos Alberto de Souza; Costa, Isabela Carvalho Patrocínio; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
This research carries out a study on the influence of racism in the murder of the black population in Brazil, which has long been the target of different forms of domination. The concept of murder here is understood based on Foucaultian analysis and research tools, which encompasses not only direct death, but also exclusion, imprisonment and social inequality. Thus, it aims to demonstrate how mass incarceration, political and economic exclusion and the high homicide rate of black bodies are a deliberate action of the State that uses the tools of power to justify favoring a certain racial class over another
Os reflexos das políticas de drogas no encarceramento das mulheres
(Centro Universitário do Estado do Pará, 2021) Sousa, Dayane Oliveira; Ferro, Weslyane Monte Oliveira; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/664818604823522
Incarceration as a measure to solve all social ills, is historically consistent and persists today, progressing with increase, year after year. The aim of this research was to understand whether the development of drug policies has interfered with the increase in women's imprisonment. The methodology used to achieve the proposed objective was qualitative and bibliographical in nature using books, journals, theses, dissertations, decrees, reports and articles published by renowned authors. It was observed that the state and its punitive power fails with the selectivity of justice for deciding to punish who the criminal woman is based on stereotypes are not based on criminal actions or even on the danger that this represents of living in society, but on the tendency to attribute to a woman who already comes from a reality of inequality and social exclusion as dangerous. It is concluded that the incarceration policy, based on the growing number of imprisoned women, is strong evidence of a social problem that is confirmed by putting the profile of this incarcerated woman on the agenda.
Relato de pesquisa: a verdade no processo penal sob a perspectiva da hermenêutica gadameriana
(Centro Universitário do Estado do Pará, 2018-06-20) Azevêdo, Maria Carolina Braz da Silva; Lima Filho, Eduardo Neves; Neves, Rafaela Sena Teixeira
This is a research report made during the Law course at the “Centro Universitário do Estado do Pará - CESUPA”, since the second semester with the discipline of “Introdução ao Estudo do Direito II” and is still in continuity. The research aims to discuss aspects of criminal procedure law in a perspective of constitutional guarantees from the point of view of hermeneutics, based on the theoretical reference of Hans-Georg Gadamer, in order to propose, through a discussion of philosophical theoretical aspects, solutions for practical problems of rights violations in criminal proceedings. As a result until this moment, we have obtained the publication of an article in the “Revista de Estudos Criminais”, wich has “Qualis A1”.
A responsabilidade penal da pessoa jurídica e a teoria da dupla imputação nos crimes ambientais: uma análise com base na doutrina e na jurisprudência
(Centro Universitário do Estado do Pará, 2019-06-19) Rayol, Carlos Henrique Cunha; Fonseca, Luciana Costa da; Lima Filho, Eduardo Neves
The purpose of this study is to present the main aspects about the criminal capacity of legal persons and to bring one of the most relevant discussions that arise due to this capacity, which is the Dual Imputation Theory in crimes against the environment. For this purpose, legislation, doctrine and jurisprudence were used as sources of research. It is worth noting that this analysis does not have as its purpose the exhaustion of the topic, considering that, although criminal liability of the legal entity is already accepted in the Brazilian legal system, the Dual Imputation Theory still generates great debates, which are reflected in the various changes in understandings that are seen in higher court decisions. So, this work is composed of three chapters, the first one was dedicated to expose the main explanatory theories of the legal person, explaining the theory adopted by our order and particularities of the concept of guilt related to criminal responsibility of the collective entity; in the second chapter, the historical evolution of the criminal protection of the environment was presented, analyzing how the protection in the legislation was developed from the first constitutions until the Federal Constitution of 1988 and the promulgation of Law nº 9.605 / 98, the Law of Environmental Crimes; Finally, in the third chapter, the debate on the Theory of Dual Imputation is discussed, a debate fundamentally jurisprudential, although part of the doctrine has also dealt with this topic, but in a discreet way. Thus, one wonders: what has changed in the conception of the superior courts about the Dual Imputation Theory? This is what will be analyzed in the third and final chapter.
O uso dos precedentes judiciais no brasil: uma análise crítica a partir da teoria do direito e da argumentação jurídica
(Centro Universitário do Estado do Pará, 2014) Lima Filho, Eduardo Neves; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460
Gradually, we see the closeness between the legal systems of common law tradition and the civil law tradition, a true fusion occurring between these traditions. In other words, increasingly we see continental law working with judicial precedents and common law allocating matters to be regulated by laws or codes. The Brazil, despite unquestionably being a country of civil law tradition, each day begins to give more importance to judicial precedents, however, apparently without concern for the consolidation of institutions and mechanisms underlying a theory of judicial precedent. In this context and based on the democratic rule of law and concern for the protection and enforcement of fundamental rights of the democratic state and the containment of state arbitrariness, especially the arbitrariness in the Judiciary, we will seek to answer the question of whether the incorporation of a theory of judicial precedents in the Brazilian legal system corresponds to mere procedural technique, which may or may not be present in the legal system, aiming, among others, to speed up the judicial or corresponds to democratic requirement in the rule of law and has significant role in the system legal, independently of legal theory adopted, considering that these always relate to a theory of legal argument, which is anchored to some degree on a theory of judicial precedent. To do this, this paper will be the bibliographic research, among which the analysis of the works of Ronald Dworkin and Neil MacCormick, especially with regard to their contributions to the development of legal arguments in the context of judicial precedent.
A utilização do material genético descartado como prova no processo penal e a não autoincriminação
(Centro Universitário do Estado do Pará, 2019-05-30) Souza, Sabrina Brenda de Oliveira; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225; Nogueira, Rafael Fecury; http://lattes.cnpq.br/7341684103082113
This work aims to emphasize the figure of the accused within the criminal field, regarding the principle of non-self-incrimination, also known as Nemo Tenetur se Detegere, a development of the right to freedom against the force and punitive power of the State. This principle will be applied to the means of obtaining evidence, and in specific, DNA expert evidence. Thus, this study sheds light on the defendant's right to oppose the criminal justice system, in accordance with the principles of Human Dignity and the Federal Constitution of 1988. The debate specifies the circumstances of the DNA test even with the refusal of the passive subject to collaborate. The objective is to discuss the motivation and consequence of the relativization of the right to non-self-incrimination, in an attempt to find a solution that better reflects justice in the concrete case, without unreasonably authorizing unlimited state action, or impunity. In this sense, the work was done from the bibliographical analysis, from the doctrines of the criminal field, and from Brazilian jurisprudential review.