Navegando por Assunto "Processo penal"

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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 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.
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.
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.
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 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.
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 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.