Navegando por Assunto "Responsabilidade penal"

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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 Many scholars have questioned this interpretation, considering it outdated from the point of view of the new corporate criminality, adopting a pragmatic bias for the purposes of applying criminal law.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place, the problem is analyzed from a practical point of view and its treatment by doctrine and higher courts as the outdated theory of objective imputation and who can appear as the defendant in the crime for purposes of general criminal liability; then, the problematics are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.
A imputabilidade dos doentes mentais: as medidas de segurança em confronto com a reforma psiquiátrica
(Centro Universitário do Estado do Pará, 2019-06-19) Santos, Luísa Martins de Sousa; Mendonça, Mariana Bareira; Souza, Luciana Correa; http://lattes.cnpq.br/0993067012377712
The present study has the purpose of making a survey about the main mental disorders and their application in the law, with emphasis on the criminal sphere. Demonstrated how the state has dealt with persons with mental disorders, as regards the application of security measures. For this, the concept of mental illness and its aspects was briefly presented. Subsequently, an explanation was given of imputability and its applications, as well as of safety measures. Finally, a brief overview of the operation of the general penitentiary hospital of the state of Pará was presented. The present research aimed to demonstrate how the psychiatric reform can bring solutions to the problem of the treatment of mentally ill offender.
Principais impactos da atividade mineradora no Estado do Pará: o caso da Companhia Brasileira de Bauxita – CBB/USPAM
(Centro Universitário do Estado do Pará, 2020) Melo, Ana de Fátima Lopes; Bentes, Geraldo Afonso Lemos; Feio, Thiago Alves; http://lattes.cnpq.br/6097894612420336
The laboursassociatedwith mining, storage, processing, andtransportof ore, are carried out indangerousandinsalubriousareas. Most of the tragedies and environmental damage, that have social repercussions in the field of Labour Law, are triggered by human error. These activities have great and irreversible social and environmental impacts in the region, state, country and even in the world. This body of work intends to elaborate a brief exposition of the activities that are carried out in those conditions and the dangers that are always present, in a way which takes into consideration the responsibilities in the protection of means and labour relevant to the development and follow-up of such activities, without exhausting the theme as it is extensive. Some fields of Law, such as, Constitutional, Administrative, Civil, Social Security, Insurance and even Criminal, have obtained some improvements from companies, particularly, mining companies that employ around 1 million and 100 thousand workers, throughout the country, according to the Ministry of Mining and Energy’s National Plan of Minerals. It is known that the political, financial, and economic crisis remain difficult to be solved in a short amount of time and are now aggravated because of the global pandemic of Covid-19.
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.