Navegando por Assunto "Responsabilidade penal"

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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.
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.