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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.
Terras indígenas e a tese do marco temporal: uma análise sócio-jurídica acerca do julgamento do RE 1017365/SC pelo Supremo Tribunal Federal
(Centro Universitário do Estado do Pará, 2022) Alves, Vinícius Chaves; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
The present work is justified by the importance of the issue of indigenous people's rights to the lands they traditionally occupy and by the RE 1017365/SC trial by the Supreme Federal Court (STF), in which the general repercussion of this constitutional issue was recognized. Its research problem is the question of which thesis should prevail in the process of recognition and realization of indigenous territorial rights: the original rights thesis (indigenato) or the temporal march of occupation thesis (indigenous fact). The objective, therefore, is to contextualize the factors intrinsic to this fundamental discussion and, in a descriptive and
critical analysis of the RE 1017365/SC trial, to give an opinion on what would be the best interpretation of the Constitution for that case and, considering the binding effect of the decision, for the rights of traditional peoples to indigenous lands. To achieve it, it was sought to make an anthropological contextualization on the subject, an analysis of the historical and current normative conjecture concerning the theme, a complete report on the judicialization of the litigation involving the Xokleng People and, finally, a critical analysis of the opposing theses, clarifying the reasons why one should be used and why the other should be rejected.
Therefore, it was concluded that the best interpretation of art. 231 of the Constitution, in line with the vote of the Rapporteur of RE 1017365/STF, Minister Edson Fachin, is the reaffirmation of the original rights of indigenous peoples to indigenous lands.
A violência obstétrica e os direitos da parturiente: a proteção contra essa violência de gênero por meio da legislação
(Centro Universitário do Estado do Pará, 2022) Pamplona, Wanessa Cecile Lima; Lobo, Lívia Teixeira Moura; http://lattes.cnpq.br/3101335810171749
Currently, Brazilian women suffer from the problem of obstetric violence, although recurrent, it is not always possible to identify it, due to a created understanding that childbirth is a moment of necessary pain. In addition to its identification, it is difficult to combat it since parturients do not have a specific law to resort to and seek protection. This research carries out a theoretical study on the absence of specific legislation against obstetric violence. Thus, it aims to demonstrate the importance of legislation in guaranteeing the rights of parturients, as a way of combating obstetric violence, from a gender perspective. For this, the legal, historical and social elements that contribute to this scenario are analyzed, allowing to verify the influence of patriarchy and gender violence for the perpetuation of this violence. From this research, it was concluded that the efforts made by the Brazilian State, through the creation of some legislation in relation to childbirth, are not enough to safeguard the dignity, autonomy and health of women and their babies.
Percepção dos estagiários do curso superior de tecnologia em radiologia sobre as medidas de radioproteção: vídeo-arte
(Centro Universitário do Estado do Pará, 2018) Cantuária, Aline de Souza; Del Nero, Luciana Brandão Carreira; http://lattes.cnpq.br/5056614008350803; Soeiro, Ana Cristina Vidigal; http://lattes.cnpq.br/6698869828155009; Carvalho, Ana Emília Vita; http://lattes.cnpq.br/1981562999898097; Magno, Ismaelino Mauro Nunes; http://lattes.cnpq.br/3841081216551678; Gomes, Patrick Abdala Fonseca; http://lattes.cnpq.br/6060836341247026; Castro, Sinaida Maria Vasconcelos de; http://lattes.cnpq.br/4767038085471534
The objective of this study was to describe the perception of the students of the Superior Course of Technology in Radiology about the measures of Radioprotection regulated by Portaria 453/98. In order to carry out this study, a questionnaire was drawn up to evaluate a causative sample of 27 participants invited to spontaneously participate in the research, all of whom were beginners of the practice at the stage. The mean age was 28.44 years and standard deviation was 7.29 years. Homogeneous data were observed, since the coefficient of variation is 25.62 (CV <30%). The data were collected through the application of the questionnaire, resulting in a quantitative, transversal and descriptive analysis about the importance of radioprotection. Fisher's chi-square or exact test was used for association analysis. One can conclude significant results of knowledge gaps on radioprotection, and a perception of boring and merely decorative teaching methodology. Thus, as a tool for intervention in teaching, there was the production of a video-art as a promotion to improve the theoretical-practical articulation of the teaching-learning process.
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.