Browsing by Author "Moura, Adriano Dias de"

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    As medidas executivas atípicas autorizadas pelo CPC/2015: uma análise acerca da aplicabilidade do instituto e de suas limitações no ordenamento jurídico pátrio
    (Universidade Católica do Salvador, 2021-04-30) Moura, Adriano Dias de; Sérgio, Vitor Hugo Zimmer; http://lattes.cnpq.br/
    This scientific article has the scope of analyzing the applicability of the atypical executive measures authorized by the Code of Civil Procedure of 2015, and its limitations, considering that the legislative excerpt was promulgated in a way that was too broad. For this reason, the impact of the advent of atypical executive measures is so great that an accurate study of the theme was necessary, especially on limits and effectiveness. Initially, considerations were made about the executive process in Brazil. Then, the preambular premises about the atypicality of the executive means were verified. Soon after, the doctrinal position on the matter was observed. Subsequently, there was the possibility of using jurisprudence and precedent as normative sources for limiting atypical executive measures. Finally, it was investigated which are the most effective atypical executive measures from the perspective of credit satisfaction. To this end, the research was developed through bibliographic and documentary considerations, with critical readings and analyzes being carried out on articles and specialized doctrine, with a view to collecting relevant information on the subject. Through a critical evaluation, the result found was the possibility of using precedent and jurisprudence as guiding pillars for the applicability of atypical executive measures in the national legal system, since such institutes have the ability to fill the legislative omission, which it makes it possible to apply the atypical nature of the executive means, according to each specific situation, protecting the jurisdiction against any arbitrariness that may be perpetrated, and, consequently, culminates in ensuring the legal security of the system.
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    Violência contra a mulher: uma análise dos desdobramentos no direito penal material, sob a perspectiva das leis Nº 11.340/06 e Nº 13.104/15
    (Universidade Catolica de Salvador, 2019-01-24) Moura, Adriano Dias de; Cunha, Ana Cláudia Gusmão; http://lattes.cnpq.br; Cunha, Ana Cláudia Gusmão; http://lattes.cnpq.br; Lopes, Fernanda Ravazzano Baqueiro; http://lattes.cnpq.br
    The purpose of this article is to make some comments about violence against women. To do so, it is necessary to understand the position of the female figure in the context of the elaboration of the penal code, through the promulgation of the Federal Constitution of 1988, and analyzing the ordinary legislation, specifically Law No. 11.340/06, known as the Maria da Penha Law and Law No.13.104/15, entitled the Feminicidio Law. In this aspect, the Maria da Penha Law aims to suppress and prevent violence in the domestic and family settings, and the Feminicidio Law presents itself as a qualifying circumstance to the crime of homicide if the offense is committed with motivations based on gender relations. An exploratory research was carried out to collect relevant data on the subject, which allowed to confirm that gender violence against women is seen as an intergenerational transmission of patriarchalism and that, in order to combat, it is necessary to invest in public politics of education and awareness of the population.