Especialização em Ciências Criminais
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Browsing Especialização em Ciências Criminais by Author "Correia, Thaíze de Carvalho"
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Item Análise de custo-benefício e política criminal: uma análise econômica do direito penal na formação de políticas preventivas mais eficientes(Universidade Católica do Salvador, 2021-05-13) Lima, Pedro Elpídio Ponciano; Correia, Thaíze de Carvalho; http://lattes.cnpq.br/The purpose of this article was to carry out a study of the cost-benefit analysis tool, derived from the discipline of economy, to understand the possibility of its application in the formation of more efficient criminal policies. Such a tool may be able to adapt to criminal law and, therefore, be used by decision makers in the development of more efficient criminal policies, a pressing need given the scarcity of public resources that are applied to reduce crime. The objective of this article was, during its analysis, to see if the application of this tool is able to present an efficient solution for the elaboration of preventive criminal policies. Through a bibliographic review, a brief synthesis of the studied concepts was carried out, seeking to harmonize the application of the tool within a legal-penal perspective. In this way, we sought to understand whether the use of the tool is adequate and viable, in the construction of criminal policy, and whether its use should therefore be encouraged by decision makers in the Brazilian State.Item A condição dos adolescentes soteropolitanos em conflito com a lei no sistema de internamento: uma análise das políticas públicas para a necessária reeducação(Universidade Católica do Salvador, 2021-05-08) Neris, Carolina Souza; Correia, Thaíze de Carvalho; http://lattes.cnpq.br/Juvenile justice is a special procedure but it's a not very discussed in Salvador. Most of the time, the conviction is justified by the criminal law of the author. The present work aims to explain this theme is not limited to reducing the age of criminal responsibility, through the deconstruction of stigmas created about the treatment and hospitalization of adolescents who committed infractions in the city of Salvador / BA. This article will present the provisions that are provided for in the Estatuto da Criança e do Adolescente (ECA) and Sistema Nacional de Atendimento Socioeducativo (SINASE) regarding the condemnation of adolescents, in order to expose the harmful nature of criminal policy to the juvenile system and how it can annihilate blacks teens from Salvador. It will also be demonstrated that the re- education of the convicted youth must occur from the beginning of the hospitalization, seeking to understand the reality to which the adolescent (intern) and his family are inserted. In addition to bringing solutions for the correct reeducation of the adolescent so that there is a proper reintegration into society and what is the most effective way to welcome this young person. The researches for the making of this article will be of bibliographic nature.Item Presunção de inocência como garantia fundamental: apontamentos à luz da Constituição da República Federativa do Brasil de 1988 e do Código de Processo Penal de 1941(Universidade Católica do Salvador, 2021-05-03) Silva, Jaqueline Lima Sales da; Correia, Thaíze de Carvalho; http://lattes.cnpq.br/The main focus of this article is to outline a reflective and informative analysis on the importance of the correct incidence of the Principle of the State of Innocence, provided for in the Federal Constitution of 1988, as well as to demonstrate its necessary achievement to strengthen the guarantees and fundamental rights disseminated as a corollary. of the Democratic Rule of Law. Tracing a historical trajectory leads us to think about the issue within a broader panorama, calling attention to note that if the principle exists, it is based on a reason for being, which in this case, is based on the safeguarding of individual freedom, such which, due legal process.Item A recepção expressa do sistema acusatório por meio da lei no 13.964/2019: uma análise a respeito do avanço democrático em contraponto às barreiras da inquisitorialidade(Universidade Católica do Salvador, 2021-05-03) Moura, André Luiz da Silva; Correia, Thaíze de Carvalho; http://lattes.cnpq.br/The main scope of this work is to address the legislative novelty brought about by Law No. 13.964 / 2019, known as the “Anticrime Law”, of express adoption of the accusatory system in the national legal regulation. The discussion related to the adoption of the accusatory model for criminal proceedings is not a recent one. There has been much debate in Brazil regarding the implementation of more profound reforms. In 2018, with the election of the head of the Brazilian State, a new proposal was presented to amend the criminal legislation and penal procedure, under the pretext of combating crime. During the legislative process, the so-called Anti-Crime Law was approved, however, with the express adoption of the accusatory system. In this sense, it truly represents a democratic advance, insofar as the accusatory system dialogues perfectly with the values inscribed in the 1988 Federal Constitution and the American Convention on Human Rights, since it places the judge in the position of guarantor of fundamental rights. However, despite the progress, this measure in itself still needs to be carried out, since it is suspended, by a preliminary decision by Minister Luiz Fux, as well as, there is a generalized change in the entire justice system, so that, then, come to guarantee the dignity of the individual who is subject to criminal prosecution. It was used in the study of exploratory dogmatic / doctrinal and legislative research, with the perspective of allowing greater knowledge on the subject and political context, through indirect documentation (documentary and bibliographic research).Item Sistema de (in)justiça carcerário e (des)controle pandêmico: COVID-19 para que(m)?(Universidade Católica do Salvador, 2021-05-13) Silva, Rodolfo Queiroz da; Correia, Thaíze de Carvalho; http://lattes.cnpq.br/This work aims to analyze the management of the pandemic in the Brazilian prison (in) justice system. It was based, therefore, on the data made available by official bodies, such as the National Council of Justice and the Penitentiary Department. Allied to this, it verifies the (in) existence of the phenomenon of underreporting and its impacts on health policy. In the end, it proposes legal solutions that can be implemented by all the powers of the Republic. For that, we use comparative law and critical criminology.Item A violência doméstica contra mulher em tempos de pandemia e as medidas protetivas de urgência(Universidade Católica do Salvador, 2021-05-13) Silveira, Eliene Amaral; Correia, Thaíze de Carvalho; http://lattes.cnpq.br/Almost two years ago, exactly at the end of 2019, we were surprised by a virus, known as Sars corvs 2 or coronavirus as it is known worldwide. This virus has spread all over the world and as a measure of safety and health protection, our leaders have adopted measures of distance and social isolation, use of alcohol in gel and masks. Among the measures adopted to try to contain the virus, social isolation is the one that stands out in this study, where we will present the main causes of the increase in domestic and family violence in the last years in a pandemic period due to the coronavirus. With a brief introduction about the need for isolation; in the first chapter, we will present an explanation about gender violence, against whom it manifests, who are the main victims of this type of violence and in the third chapter we will discuss, because the cases of violence have increased so much in homes around the world in this country. pandemic moment. In the fourth and last chapter, we will discuss what prevention and protection measures can be taken by victims of domestic violence due to their aggressor, based on Law 11.340 / 2006, known as the Maria da Penha Law.