Browsing by Author "Baqueiro, Fernanda Ravazzano Lopes"

Now showing 1 - 20 of 49
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    Acordo de não persecução penal: análise da ampliação do espaço negocial no processo penal
    (Universidade Católica do Salvador, 2021-06-15) Rocha, Victoria Mendes; Melo, Marcos Luiz Alves de; http://lattes.cnpq.br; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br
    The present work deals with the Agreement of non-criminal prosecution which existed in resolution No. 181 of 2017 of the CNMP and was inserted as a new institute by Law No. 13.964/2019 “Anti-crime Package” in article 28-A of the Code of Criminal Procedure. The criminal process is one way, but there are already some institutes to reduce the demand for this unique route, opening an alternative solution and changing the way in which it is understood. The non-criminal prosecution agreement is intended to be an alternative method to criminal prosecution, avoiding the prosecution of criminal proceedings. However, for this agreement to happen, certain rights and guarantees of the accused are disrespected. Thus, the general objective of the present work will be to analyze the (in) constitutionality of the requirements for the offer of the non-criminal prosecution agreement, and the specific objectives will be: to describe the Brazilian legal construction on the agreement since the resolution and to discuss the principiological violations arising from that.
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    Análise dos impactos da inserção dos artigos 216-B e 218-C do Código Penal no direito brasileiro e a pornografia de vingança
    (Universidade Católica do Salvador, 2020-06-10) Almeida, Julie Anne Lopes; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br/; Félix, Germana Pinheiro de Almeida; http://lattes.cnpq.br/
    The purpose of this article is to present an analysis of the innovations brought by the Law no 13.772 of 2018, more precisely with regard to articles 216-B and 218-C of the Penal Code - whose wording characterizes the practice of the so-called revenge porn - while to draw a general panorama about the condition of women in Brazilian society, in a country founded in the molds of patriarchalism where female objectification is displayed in everyday life for anyone who follows the national news. For that, the research methodology used has been the bibliography, with searchs on cases, legislation and doctrine of Brazilian law, in addition to a careful approach on who are the main victims of these crimes.
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    A aplicabilidade da justiça restaurativa na execução penal como instrumento de revaloração das partes
    (Universidade Católica do Salvador, 2019-01-24) Ferreira, Victoria Rodrigues Penha; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br; Pereira, Nivea da Silva Gonçalves; http://lattes.cnpq.br
    This research deals with the importance of restorative justice as a new paradigm that opposes retributionist justice, offering the parties the power to decide in the resolution of criminal conflicts. Formal justice is not achieving the goals it proposes, the current scenario of the prison system is critical, being evidenced every day by the increasing number of repeat offenders in every country. Restorative justice implies in the course of a new dialogical and consensual way, it is a process that collectively identifies and treats the damages, needs and obligations arising from the offense, in order to reintegrate people and solve what is possible through the willingness of the parties. It will then be analyzed how restorative justice can be applied in the criminal execution phase and how the restorative practices make the parties protagonists in this process.
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    A apologia ao nazismo no meio digital e a tipificação do “curtir” e “compartilhar” diante da lei n. 7.716/89
    (Universidade Católica do Salvador, 2022-06-10) Bezerra, Leonardo Almeida; Melo, Marcos Luiz Alves de; http://lattes.cnpq.br/; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br/
    The present research has as its theme the apology for Nazism in the digital environment and the typification of “liking” and “sharing” in front of the Law n. o 7.716/89. The present study intends to analyze the possibility of typifying who likes and/or shares posts that make an apology for Nazism and, therefore, it is necessary to go deeper into the Law n.o 7.716/89 and the exam of its articles that prohibit the action, in addition to a case study about the theme. In this manner, through qualitative and bibliographic research, using the deductive method, it is possible to verify that the law is defective and that there is no criminal action in Brazil that condemns someone for liking or sharing a publication that makes an apology for Nazism. Even though the research understands the contribution of “sharing” to the crime, given that it is compatible with the literalness of the article.
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    Busca individual e domiciliar e a fundada suspeita: o discurso da segurança pública e o abuso de autoridade
    (Universidade Catolica de Salvador, 2019-01-30) Abreu, Kauê Silva Cruz; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br; Silva, Leonardo Bacellar da; http://lattes.cnpq.br
    This article aims at the historical analysis of violence and abuse of authority by public security agents towards civil society, specifically against the black, poor, stigmatized, demonstrated by the abusive relations of inequality and discrimination, due to of historical inheritance of the dictatorship. As a result, the excesses brought by police officers since the dictatorship to the present day became cultural. From the above, will be specifically examined the well-founded suspicion, verified in the criminal procedural order in its art. 240, and the subsequent identification of objective requirements by the Superior Court of Justice, analyzing its criminal and criminal procedural consequences and its effectiveness vis-à-vis Brazilian society in order to avoid police abuses and abuses.
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    Configuração do direito ao esquecimento relacionado à prática de crime face à liberdade de informação e de expressão: uma ponderação a partir do ambiente virtual
    (Universidade Católica do Salvador, 2020-06-09) Campos, Ana Carolina Lima Guedes de; Melo, Marcos Luiz Alves de; http://lattes.cnpq.br/; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br/
    In cases of crimes in which the sentence has already been served, the publication of news, articles, comments, etc., which associate the names of the individuals involved with the act practiced in the past, hinder the possibility of their recovery and social reintegration, in view of the permanent stigma on these people. The virtual scope houses an infinite range of information, which, when filtered by search engines, directs the user to precise results. Therefore, any information can be found at any time and rekindle a new discussion on a topic, or crime, already overcome. Therefore, the problem of this research arises, which is to analyze how the right to be forgotten should be disciplined in the virtual sphere in cases of crime where there has already been served the conviction. Searched through bibliographic review and analysis of documents, dealing with hypothetical-deductive method. The general objective is the analysis of this theme under Brazilian law, verifying how it disciplines the application of the right to forget in the virtual scope in cases where the sentence has already been exhausted. For this, the specific objectives of this work must be answered: to analyze whether the right to be forgotten or the right to information should prevail; brief analysis of the measures that are effective in guaranteeing the right to be forgotten and analyze their application in Brazil. As a result, it was understood that the specific case must be analyzed for the proper application of the law, and that the Brazilian courts are still controversial as to the better accountability of the search engines.
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    Contextualizando a Lei 11.340/2006 no enfrentamento à violência doméstica contra mulher e as medidas protetivas de urgência
    (Universidade Católica do Salvador, 2019-06-17) Costa, Jaciane Sena da; Baqueiro, Fernanda Ravazzano Lopes; https://wwws.cnpq.br; Alves, Maria Brito; https://wwws.cnpq.br; Gonçalves, Nívea; https://wwws.cnpq.br
    Considered a serious problem of Public Health, gender violence, more precisely violence against women became commonplace in Brazil. The statistical data are so alarming that they need no further clarification. In this vein, Law nº 11.340 / 2006 or Lei Maria da Penha is estimated as a milestone, an important instrument for the control and prevention of domestic violence against women. The purpose of this study is to understand the causes of gender violence, specifically violence against women; to describe the public policies implemented in the fight against violence, focusing on Law 11,340 / 2006 and above all to contextualize the legislation in force in the scope of emergency measures, focusing on the aggressor and the aggressor.
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    O controle social através da execução penal: considerações acerca do cárcere-senzala e do cárcere-fábrica e suas influências na estratificação social.
    (Universidade Católica do Salvador, 2019-06-17) Macêdo, Natália Andrade; Baqueiro, Fernanda Ravazzano Lopes; https://wwws.cnpq.br; Rangel, Caio Mateus Caires; https://wwws.cnpq.br
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    O crime de feminicídio: uma análise ponderada entre a necessidade social e o simbolismo penal
    (Universidade Catolica de Salvador, 2019-01-17) Resende, Adrielle Barboza; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br; Gonçalves, Nívea; http://lattes.cnpq.br
    This article aims to analyze the feminicide, recently, inserted in the Penal Code Article 121, which is about the homicide crime. It emphasizes the role of society and the State in protecting the legal good life, analyzing the use of Criminal Law by him to fulfill his duty as a social structure. In addition to pointing out the existence of patriarchal ideas in the construction of the feeling of possession and superiority of the male sex over the female. Thus, through bibliographical and qualitative research, we try to understand if the law of feminicide meets the social need or the interest of the State that uses the symbolism of the criminal to combat violence against women, which is not a new phenomenon in society, even being a public health issue.
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    Crimes sexuais contra crianças e adolescentes: análise dos casos Joanna Maranhão e Evelyn Regly e a valoração do depoimento da vítima pelo poder judiciário
    (Universidade Católica do Salvador, 2021-06-18) Santos, Adrielle Neri da Silva; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br/; Carvalho, Taíze de; http://lattes.cnpq.br/
    The present study aims to analyze the complaints made by adults who suffered sexual abuse during childhood and the results found during the process of building evidence. The material aims to facilitate understanding on the subject and bring a discussion on the topic, with an enlightening and complete analysis of the content, based on research on concrete cases with media repercussions, seeking to answer the question: “How does the Judiciary hold a evidential assessment in sexual crimes against children and adolescents, considering the particularities of the crime? What value does the victim's word receive in cases of denunciation when it is impossible to produce material evidence? ". The material was built based on previous readings of the doctrine, articles and legislation. The general objective was to analyze the evidential valuation made by the Judiciary, in cases where, after years, the victim decides denounce the violence suffered, as specific objectives, identification of the positioning and valuation of the probative processes of sexual violence against children and adolescents, analyze how these positions are used to face the cases, and analysis of the cases and the psychological damage caused to the victims. methodology, a bibliographic and testimonial review was used, mainly looking for information from people who searched the media for a means of recognizing their allegations, consulting research and Brazilian legislation.
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    O depoimento infantil e as falsas memórias nos crimes contra a dignidade sexual
    (Universidade Católica do Salvador, 2020-12-18) Almeida Júnior, Antônio Jorge Lopes; Silva, Leonardo Ribeiro Bacellar da; http://lattes.cnpq.br/; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br/
    The purpose of this work is to study the procedures used by Criminal Procedural Law to identify False Memories in child testimonies. It aims to carry out an analysis to ascertain the failures of the Brazilian criminal system in prosecuting and judging crimes of child sexual abuse. It is essential to analyze the incidence of the phenomenon of False Memories in children, showing the implications of this phenomenon within the Criminal Procedure. In fact, it is essential to analyze the scientific foundations that lead the human mind to produce the False Memories and in whom they are most present; in addition to identifying which procedures should be avoided so as not to contaminate the criminal evidence; and to study how the current methods of conducting the collection of the child's testimony identify the false memories. For this, it was necessary to use the bibliographic review, consulting names of relevance within Psychology and Criminal Law, highlighting the interdisciplinarity of the subject. A comparative study of the Criminal Procedural Law of other countries was also carried out in order to identify the techniques used by them so that there is no contamination of the evidence and, therefore, the real reach of justice, avoiding the condemnation of innocent people.
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    O dilema da instrução probatória nos delitos de estupro: uma análise das garantias fundamentais do acusado e da vítima no processo penal
    (Universidade Católica do Salvador, 2021-06-15) Oliveira, Guilherme Carneiro de; Melo, Marcos Luiz Alves de; http://lattes.cnpq.br/; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br/; Silva, Leonardo Ribeiro Bacellar da; http://lattes.cnpq.br/
    This research proposes an analysis of the dilemma existing in the evidential instruction related to the crimes of rape and rape of vulnerability in the light of the fundamental guarantees of the accused and the victim. The problem is based on the need to conjugate the support to the victim, under penalty of the occurrence of revictimization phenomena, and the protection of the accused in face of an accusation that, most of the times, is based solely on the victim's testimony. The complexity of the evidence in these cases gave rise to the main objective of this work, which is to know if the system of guarantees and the principles derived from it should give way and suffer mitigation before the word of the victim as a means of evidence, by means of the admissibility of the so-called lowering of the evidential standard. As methodology, a bibliographical review and jurisprudential analysis were used. The final results demonstrated that the instrumentality of the guarantees is an important beacon to guide the evidential instruction of the aforementioned crimes, in such a way that its meaning can be deepened and improved with the adoption of epistemological perspectives that take the victim into consideration, without, however, meaning the abandonment of the formation of an evidential standard that is minimally robust and capable of overcoming any reasonable doubt regarding the non-culpability of the accused.
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    Direito penal do inimigo e o critério da personalidade na garantia da ordem pública para decretação da prisão preventiva
    (Universidade Catolica de Salvador, 2019-01-17) Gomes Junior, Alcir Justino Moura; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br; Silva, Leandro Bacellar da; http://lattes.cnpq.br
    Presented to the world by the jurist Günther Jakobs, the theory of the “Criminal Law of the Enemy”, has as one of its main features the denial of humanity to criminals who represent a risk to the social order and state sovereignty. Therefore, it is the main objective of this present article try to verify the possible influence of this so call the Criminal Law of the Enemy in the decrees of the preventives detentions in Brazil, through the standard of the personality in the guarantee of the public order. The main methods are, bibliographical review, which is an attempt to expose the universe of scientific contributions of the authors that approach the subject treated on this present work. Analysis of documents, based on a review of the content of national and state judgments and content analysis, describing and interpreting the content as much as possible in relation to the class of documents and texts.
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    Do parto sob algemas ao desmame precoce: a realidade por trás da maternidade encarcerada
    (Universidade Católica do Salvador, 2020-12-17) Francelino, Ana Paula Cadidé; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br; Félix, Germana Pinheiro de Almeida; http://lattes.cnpq.br
    The present article intends to analyze the reality of motherhood in the Brazilian female prison system with a focus from childbirth to the moment of weaning of the child and verifying whether it occurs adequately based on the laws that guarantee the rights and safety of mothers in prisons. In addition, it aims to reflect on the gender inequality existing in the Brazilian prison system, as well as an analysis of house arrest as an alternative to avoid the impact generated on the child that is taken from the mother's interaction early. Thus, an analysis will be carried out on the current situation of women's prisons, as well as research on Brazilian legislation dealing with the subject and determine whether these laws are, in fact, being complied with in practice. It was used in this article in order to deepen, the use of bibliographic and qualitative research to understand the reality of imprisoned motherhood in Brazil.
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    O domínio do fato nas organizações criminosas e a correlação com o Compliance
    (Universidade Católica do Salvador, 2019-10) Cezar, Silvia Monique Santos; Baqueiro, Fernanda Ravazzano Lopes; UCSAL, Universidade Católica do Salvador
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    Encarceramento feminino e ressocialização: uma análise da penitenciária feminina de salvador
    (Universidade Catolica de Salvador, 2019-01-25) Costa, Larissa Alves; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br; Pereira, Nivea da Silva Gonçalves; http://lattes.cnpq.br
    The problems observed around the Brazilian Prison System permeate the chancellas of the Criminal Law, and goes against the nonobservance of basic constitutional principles. However, there are legislative mechanisms, which seek to implement the rights and duties of women incarcerated, such as the Women's Prison Book - CNJ. The objective is to study the contradictions on Brazilian Prision System, through the legislative study, seeking to clarify the dubious points, as well as to describe the details of its composition. Brazilian's Republic Federative Constitution and the ordinary aws that are directly influencers on Criminal Law such as the positive articles in Criminal Enforcement law (7,210 / 84) that are taken as a time prompt. The methodology is enforced to give, through bibliographic research, exemples about the legal approach and, with an interdisciplinary referring, the branches of law that this theme involves. Thus, Brazilian's Prison System will be analyzed in relation to women's jail, and, the effects of the principle human dignity.
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    Estupro de vulnerável: da possibilidade de relativização da vulnerabilidade sexual quanto a idade do art. 217, a caput do código penal
    (Universidade Católica do Salvador, 2019-01-23) Paula, Luisa da Hora Guerrieri de; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br; Gonçalves, Nívea; http://lattes.cnpq.br
    This paper aims at the study of the criminal type described in article 217 - A, caput of the Penal Code. The article referred to Law 12015/09 brought the figure of "rape of vulnerable", punishing those who have a carnal conjunction or practicing another libidinous act under the age of fourteen. In this way, it is valid to subjectively analyze the type described, pondering determining factors for the construction of the personality of the vulnerable such as: the social context in which the minor is inserted, the culture of hypersexualization, access to information and other aspects that reinforce the the idea that even if the carnal conjunction or any other libidinous act is practiced, depending on the taxable person and his degree of discernment, one should not characterize the crime of article 217 - A.
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    A falibilidade dos procedimentos de reconhecimento pessoal adotados no Brasil e as recomendações da psicologia do testemunho: uma proposta de alteração do código de processo penal
    (Universidade Católica do Salvador, 2020-12-18) Melo, Lyndson Alves Rosa; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br/; Silva, Leonardo Ribeiro Bacellar da; http://lattes.cnpq.br/
    The present research aims to analyze the fallibility of the procedures for recognizing people employed in Brazil and the recommendations made by the Psychology of the Testimony in order to improve the techniques used in suspect identification, proposing, in the end, changes in the Code of Criminal Procedures. The goal was to demonstrate how the application of scientific assumptions can contribute to the reduction of undue convictions based on false personal recognition, as well as in the identification of true criminal authorship. To this end, the low quality in the production of recognition in Brazil will be analyzed, both at the normative and practical levels and the consequent risks, as well as to verify how the Psychology of the Testimony and the knowledge about false memories can contribute to criminal prosecution with greater credibility in the face of recognition. The study was carried out mainly through bibliographic research, also using secondary data and also covering legislative and jurisprudential analysis on the matter in Brazil, as well as the examination of comparative legislation, in order to visualize international advances in standards and protocols, and statistics that demonstrate by themselves the relevance of the debate.
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    Feminicídio: a última forma de violência contra a mulher e o discurso simbólico
    (Universidade Catolica de Salvador, 2019-01-29) Gomes, Gabriele de Castro Vieira; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br; Pereira, Nívea da Silva Gonçalves; http://lattes.cnpq.br
    The purpose of this article is the historical analysis of violence against women, demonstrated in the face of inequality and discrimination in relation to gender relations. As a consequence of a historically macho and patriarchal society, various human rights have been omitted from women, which have been achieved through constant struggle. In view of the above, this article will analyze the origin of the patriarchalism where women are considered the fragile sex and the man the provider of the home, besides studying the great conquest of women, before the creation of the Maria da Penha Law, which created mechanisms for prevention and punishment of violence against women and the insertion of feminicide, the last stage of violence against women, in the Brazilian penal system, which assigns a more severe punishment to those who comment on homicide against women on grounds of gender, criminal and social proceedings before Brazilian society.
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    Filhos do cárcere: a relação das mulheres em situação de privação de liberdade com seus filhos
    (Universidade Católica do Salvador, 2019-06-17) Paraguassú, Ângelo Silva; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br; Pereira, Nívea da Silva Gonçalves; http://lattes.cnpq.br
    This study aims to show the condition of women living and serving their sentences in closed regime with their children in prisons in Brazil. These women experience a complete disrespect for human rights in Brazilian prisons, because most prisons dedicate to female prisoners only a small area of what is left from the male prison system, with few superficial adaptations only. Besides the State negligence regarding female prisoners, they are also abandoned by their families, boyfriends and husbands, who leave them alone, concerned about the children under their responsibility. In Brazil, women’s prisons do not fulfill the demand in the country, as the number of female prisoners has increased and prisons have not expanded at the same pace over time, leading to overcrowded penitentiaries, a situation that requires the construction of new women’s prisons by the State. This study also intends to show the difficult reality of these women who live with their children in prisons, the challenges they and their innocent children have to face because of the poor conditions of the penitentiary system and the lack of investment from public administration to improve this reality.