Navegando por Assunto "Direito penal"

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A criminologia de Lilith: teoria de gênero e a questão da capacidade da mulher para delinquir
(Centro Universitário do Estado do Pará, 2023) Pípolos, Lila Fernandes Bastos; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
The purpose of this article is to analyze female criminality from the perspective of gender theory, pursuing to demonstrate the differences and specificities of female behavior within criminality. For this, the work will use a historical approach on the construction of gender ideology and its cultural incorporation in the criminological sciences, in order to understand the importance of deconstructing gender paradigms in the transformation of the construction and application of law. Then, the connection of the theme with the Jewish Christian culture will be elaborated, emphasizing the important role of religion in the formation of customs. Then the text exposes the theory of the psychoanalyst Jacques Lacan associated with the conception of gender of the philosopher Simone Beauvoir, demonstrating the main reasons for the suppression and disinterest in the study of women as a lawbreaker. It is concluded that the study of women as the central character of crime, analyzing the particularities of the modus operandi and the mechanism of gender-specific power relations are essential for a critical understanding of female crime.
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 pena de esquecimento: reflexões sobre a indeterminação de prazo máximo para aplicação das medidas de segurança de acordo com o Artigo 97, §1º do Código Penal
(Centro Universitário do Estado do Pará, 2022) Cunha Filho, Marcos Magno; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
This research performs an explanatory and critical study about the security measures in Brazil, bringing its legislative history since the Criminal Code of 1940, including its foundations and purposes according to the best national doctrine, culminating in recent decisions of the Superior Courts regarding the time limit for their execution. The objective of this research is to contrast the application of the measures with the constitutional text and to exemplify through two innovative projects that are active in Brazil, the PAI-PJ and PAILI, the possibility of reforming the institute of security measures, adapting it to the constitutional text and its own purposes, which are the social defense and treatment of the mentally ill. In addition, the work has the intention to foment the critical and constructive debate about the best application of the security measures, along with the new treatment guideline that must be offered to the carriers of mental disorder in Brazil, through the Law 10.216/01 that instituted the Insane Asylum Reform, directing the treatment to the semi-imputable and non-imputable criminals, in a way that helps the interpretation of the Criminal Legislation in the execution of the purposes of the security measure which are the treatment and prevention of crimes. This research was conducted using
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/6473788796313910
The 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.
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 crítica da lei nº 11.343 de 23 de agosto de 2006 (Lei de drogas) sob o prisma dos princípios penais constitucionais
(Centro Universitário do Estado do Pará, 2022) Santo, Carlos Augusto Ayres; Araújo Filho, Luiz Fernando Lobato; Silva, Adrian Barbosa e; http://lattes.cnpq.br/7970641455074001
This monograph looks to analyze the Brazilian drugs law critically, under the constitutional criminal principles, aiming to promote and base a reflection about its inadequation with those principles. For that, were made the historic contextualization explaining the development of prohibitionism, followed by the analysis of the law’s legal foundations, a brief concept about the constitutional criminal principles based in multiple authors and finally the critical analysis of the drugs law. The used methodology is the analytical, critical and bibliographic.
Arquipélago do Marajó: uma análise sobre a influência dos papéis de gênero na exploração sexual de meninas
(Centro Universitário do Estado do Pará, 2019-06-03) Oliveira, Vitória Letícia Esteves de; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290
The present study aims at analyzing how the social roles of gender and the structure of the patriarchal society contribute to the sexual exploitation of children and adolescents. Initially, considering the Marajó Archipelago as a base of analysis, it seeks to demonstrate, through socio-economic indexes, the scenario of abandonment of the state in which the Riverside communities live, and that, in addition to poverty, the phenomenon of the sexual exploitation of “balseiras” girls, as they are known in local jargon, has deeper roots. In the light of the above, in a second moment, it will conceptualize what are social gender roles as well as seek to raise the origin of the patriarchal society, which identifies the subjugated figure of the woman to the detriment of the man. The fruit of a patriarchal society and the perpetuation of the inequalities established between the feminine and masculine genders, it aims to expose the existing social gulf between men and women in various spheres of society by making an intersection between gender, race and class. Finally, the third part of this paper aims to explain how the phenomenon of juvenile sexual exploitation is characterized as a means of reaffirming masculinity.
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.
Crimes virtuais: uma análise do delito estelionato virtual
(Centro Universitário do Estado do Pará, 2022) Castro, Diego Moreira da Silva; Saife, Enzo Serruya; Souza, Luciana Correa; http://lattes.cnpq.br/0993067012377712
This article aims to examine the increase of larceny crimes through virtual means and how criminal law has been absent in keeping up with the modernization of this offense. In the scope of the methodological aspects, from a bibliographic and documental survey, the first section will analyze the advances in technology and conformity with the existing criminal risks within the internet. Then, the crime of larceny itself and its application through virtual means will be analyzed, in a first moment, briefly, relating it to the critical criminological knowledge, in order to provide a theoretical substrate for the discussion. Subsequently, in the third section, an examination will be made of the increase in the use of technological means by society in conjunction with the analysis of the increase in crimes of virtual larceny, and how criminal law has been absent in the application of sanctions for this offense. As well as, pointing out possible flaws and gaps in its construction along its formulation. Thus, we will try to answer the following research problem: How and what are the difficulties that Criminal Law encounters in combating the crime of larceny committed in the virtual environment?
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.
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.
Inquérito policial, sistema acusatório e coisa julgada: uma análise à luz das modificações advindas do pacote anticrime
(Centro Universitário do Estado do Pará, 2022) Mota, Anabele de Paula de Lima; Henriques, Gabriela Lara; Teixeira, Yuri Ygor Serra
This article discusses the new article 28 of the Code of Criminal Procedure (whose effectiveness is suspended), which was amended by Law 13.964/2019, known as the "Anti-Crime Package". We will try to understand how this change can be considered a form of approximation to the accusatorial system. Such change evidences the legitimacy of the Public Prosecutor's Office in the decision to close a police investigation, since it is no longer subject to the judge's approval. Given the interference of the magistrate, the nature of the decision to close the case will, therefore, be administrative and no longer judicial, resulting in reflection about the formation of res judicata, making us understand that, in the eventuality of the effectiveness of the aforementioned article, the aforementioned institute will not exist. However, since there will no longer be talk about res judicata, which is a right assured to the accused, it makes us conclude, through the qualitative method, the necessity of the existence, in the administrative scope, of an institute that guarantees the stability and legal security of the decision, which is the institute of the perfect juridical act. Glimpsing still, the possibility that the homologation of archiving be held by the Superior Council of the Public Prosecutor's Office, as occurs with the civil inquiry.
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 direito penal brasileiro e o enfrentamento às violências de gênero contra a mulher pós Constituição Federal de 1988
(Centro Universitário do Estado do Pará, 2020) Félix, Renata Pacheco da Silva; Gomes, Roberta Alvarenga Seguins; Souza, Luciana Correa; http://lattes.cnpq.br/0993067012377712
The purpose of this article is to examine the evolution of women's rights and their criminal protection, due to historical, social, cultural and economic inequality, and to verify the results of this social control performed by the Criminal Law. To this end, the work presents –through bibliographic research- the historical-social construction of gender in Brazil and the consequent inequality and discrimination that have corroborated the important participation of feminist movements in drafting criminal laws to protect women. Through an analysis, without any pretension of exhausting the study on the subject, it can be observed that the international instruments to which Brazil is a signatory play an important role in influencing the structuring of the Constitution and infra-constitutional laws regarding the confrontation with the diverse gender violence suffered by women in this country. It is concluded that criminal law is losing its ultima ratio and is serving as an instrument of immediate punishment, but it is not the typification of conduct as a crime or criminal punishment that will, solely and exclusively, help reduce cases of gender violence against women, according to data presented. Awareness through access to formal education and incentives to public policies are paramount in addressing this problem in society.
O direito penal do inimigo e o primeiro comando da capital: a relação entre a cultura punitivista e a estruturação da organização criminosa
(Centro Universitário do Estado do Pará, 2020) Silva, Ingridy de Azevedo Rodrigues da; Nunes, Izadora Nogueira; Leal, Ana Christina Darwich Borges; http://lattes.cnpq.br/4919094925608660
This paper aims to contribute to a more secure and rational public security model, demonstrating the consequences that exacerbated punitivism and the relaxation of rights can trigger to public security in general. The advent of globalization was the starting point for the application of a security model based on the persecution of the criminal as an immediate solution to contain the new means of risks arising from this new era. Thus, it was possible to identify the application of a non-human Criminal Law, the Inimig Criminal Law, theorized by Gunther Jakobs, which authorizes this coercive and authoritarian State action towards those who are stigmatized as elements of high danger, which threaten the social order. Such a theory can be identified both at the time of criminal prosecution, which is constantly being flexed to lead to conviction, as well as within prisons, precisely because these are places where these subjects are taken to pay for the crimes they have committed. The stigma attached to imprisonment, therefore, makes the sentence a real torture because of the constant violence within prisons beyond the precarious structure that these places present. Such conditions were fundamental to a process of self-organization of the prison population, driven by a sense of injustice and revenge, through a parallel organization that was precisely the First Capital Command. Therefore, the application of an extremely punitive public security strategy had the opposite effect, as macro-crime spread throughout the country and today is highly powerful and articulate.
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.
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.
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.