Especialização em Ciências Criminais

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Browsing Especialização em Ciências Criminais by Author "Alban, Rafaela de Oliveira"

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    O acesso ao ensino superior da pessoa encarcerada em regime fechado
    (Universidade Católica do Salvador, 2021-05-12) Pereira, Cláudia Lysle Silva; Alban, Rafaela de Oliveira; http://lattes.cnpq.br/
    This academic paper aims to analyze the decisions that authorize - or not - the incarcerated person to enter higher education, observing the resocializer character of the penalty, sculpted by the Penal Execution Law, and the Right to Education as a fundamental right. Our effort is that lack of access to higher education are related to other lack, that is a clear legislative provision delimiting this issue, leading each Judge to determine access according to their interpretation. This paper discuss the risk that higher education accessibility policies will be unsuccessful, given the need for express authorization from the judicial authority. It is argued that this situation has an impact on educational levels existing within the Brazilian prisons, interfering with rights enforcement during sentence serving, and also with prisoners’ social rights, which shouldn’t beseverelyrestricted just because of criminal conviction. For this analysis, a bibliographic review will be carried out, with inspection of public documents and emphasis on existing decisions and judgments on the theme, in addition to data on education and prison system, published by official agencies (MEC, Inep, Infopen and SEAPs).
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    A possibilidade de aplicação do princípio da insignificância no crime de posse de drogas para uso pessoal
    (Universidade Católica do Salvador, 2021-03-29) Araújo, Gabriela Santos Garcia de; Alban, Rafaela de Oliveira; http://lattes.cnpq.br/
    This is a scientific article that studies the brazilian jurisprudence about the incidence of the principle of insignificance in the crime of drug possession for personal consumption, foreseen in art. 28 of the Law no 11.343/06. It’s analyzed the historical context of the principle of insignificance and of the criminalization of drug possession for personal consumption in Brazil, the policy about “War on Drugs” and the compatibility of the incidence of the principle of insignificance in concrete cases related to drug possession in general.
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    Violência contra a mulher em tempos de pandemia
    (Universidade Católica do Salvador, 2021-03-04) Costa, Roberta Caroline de Castro; Alban, Rafaela de Oliveira; http://lattes.cnpq.br
    This article aims to address the theme of violence against women, highlighting the domestic violence, which grew at alarming levels during the pandemic installed in 2020. Faced with this planetary crisis, the World Health Organization (WHO) passed to recommend that the best way to contain the spread of the virus, COVID-19, would be for the population to stay indoors, however, husbands and wives, companions and companions who previously did not keep this coexistence so close, as they went out to work and often they only met at night, started to live together day by day, together with their various emotional, marital and financial problems, greatly enhancing factors that contribute to a significant increase in violence against women. Next, the traumas that these mistreatments cause in life of a woman, in light of Law 11.340 / 2006, known as Law Maria da Penha.