Browsing by Author "Rangel, Caio Mateus Caires"
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Item Ações declaratórias de constitucionalidade 43,44 e 54: uma análise jurisprudencial à luz da presunção de inocência(Universidade Católica do Salvador, 2021-06-18) Monteiro, Matteus Matos; Araújo, Fábio Roque da Silva; http://lattes.cnpq.br; Rangel, Caio Mateus Caires; http://lattes.cnpq.brThe purpose of this paper is to analyze the declaratory actions of constitutionality 43, 44 and 54 in the light of the principle of the presumption of innocence. Part of the following research question: The supreme court of brazil acted in compliance with the fundamental guarantee of the presumption of innocence, by modifying the jurisprudential understanding on the provisional execution of the penalty? To achieve the general objective of understand whether the modification of understandig jurisprudence violates the principle of presumption of innocence, it outlines as specific research objectives an analysis of fundamental rights, their extension and relativization, since the presumption of innocence is a fundamental right, as well as specifically analyzing the presumption of innocence and its general panorama and by the final analysis of the judgment of ADCS 43, 44 and 54 before the supreme court in the light of the principle of the presumption of innocence in order to verify if there was an extensive relativization of the content of the mentioned principle, which would violate the major law, or if your feeling has been maintained. This work is based on a qualitative approach, using bibliographic review and document analysis as methodological techniques. As a result, it appears that in 2019 the supreme federal court did not promote an extension of the principle of the presumption of innocence, but rather gave interpretation in the sense of reestablishing the full application of the fundamental guarantee, which was massively restricted in 2016 by the same Supreme Court.Item Uma análise crítica da (in)efetividade das medidas protetivas de prevenção às agressões contra a mulher(Universidade Católica do Salvador, 2020-12-16) Alves, Maria Raquel Silva; Rangel, Caio Mateus Caires; http://lattes.cnpq.br; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br; Santos, Darlã Conceição ; http://lattes.cnpq.brThis article aims to demonstrate an analysis of women's rights, entering into domestic and family violence. Having a broad view of feminicide and the maria da penha law, and then making a critical analysis of the ineffectiveness of protective measures, in relation to the prevention of the crime of feminicide. Briefly discusses the history of violence against women and the rights of equality and protection that have been conquered until today. Still, it makes a brief analysis about the culture of submission of women to men. The main protective measures and the main public policies that seek to protect women victims of violence are analyzed, as well as to prevent and eradicate this type of violence. Some considerations are made about research data regarding violence, and the ineffectiveness of protective measures.Item Os aspectos jurídicos da adoção tardia e os reflexos da aceitação entre os adotantes(Universidade Católica do Salvador, 2020-12-16) Conceição, Ananda Maria Silva Santos da; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br; Rangel, Caio Mateus Caires; http://lattes.cnpq.brThis study aims to analyze the context of adoption in the Brazilian legal system and its reflexes in relation to the acceptance of late adoption with the commitment to protect the Statute of Children and Adolescents. The research uses the theoretical documentary reference methodology, analyzing Brazilian legislation in terms of adoption. It reflects on the desire to conceive a family, which needs changes in paradigms, since the adoption of children over five years old and adolescents still does not reach much pretension to Brazilian adopters. Describing the impasses between comprehensive care in promoting an affectionate home to those who need it and the cultural and legal obstacles they face.Item Aspectos legais da infiltração policial em organizações criminosas como meio de obtenção de provas(Universidade Católica do Salvador, 2019-06-13) Monteiro, Andreza Silva; Rangel, Caio Mateus Caires; http://lattes.cnpq.br; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.brCurrently, the damage resulting from actions by criminal organizations has put the state on the alert due to the risks caused by social peace and human security. This monograph aims to analyze the legal aspects of police infiltration in criminal organizations, as well as the possibility of criminal responsibility of these agents for the practice of illicit conduct during infiltration. It is a literature review with a qualitative approach, using the dialectical method and carried out through a bibliographical survey in electronic websites, bibliographic collection, legislation and jurisprudence in the branch of Criminal Law. It is concluded that the infiltration of police officers into criminal organizations is legal, provided that in the course of the investigation the undercover agent acts with due proportionality, under penalty of being criminally liable.Item Audiência de custódia de Salvador: a garantida da ordem pública como fundamento da prisão preventiva.(Universidade Católica do Salvador, 2019-06-13) Sousa, Madson da Silva; Figueiredo, Cristiano Lázaro Fiúza; https://wwws.cnpq.br; Rangel, Caio Mateus Caires; https://wwws.cnpq.brThe purpose of this article is to demonstrate the degree of need for the custody hearing, due to the verification of regularity and legality regarding freedom, a right that is treated differently by the Federal Constitution of 1988, as well as by the international treaties of civil and political rights. Next, to analyze how the lack of reasoning of some decisions that order the preventive custody of the custodian in the Center of Prison in Flagrante of Salvador, may mean, above all, to reverse the logic of the presumption of innocence, instituting a dangerous presumption of not guilty authorized by the Federal Constitution when they use only vague and futurologist concepts such as "prevention of the reproduction of new criminal acts", "revolt and indignation in society" or even "maintenance of community social peace".Item Cárcere – senzala: a criminalização do povo preto como reflexo do racismo no sistema punitivo do estado brasileiro(Universidade Católica do Salvador, 2020-12-16) Silva, Yanne Ávila Santos da; Rangel, Caio Mateus Caires; http://lattes.cnpq.br; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br; Santos, Darlã Conceição ; http://lattes.cnpq.brThe present dissertation has as its goal to discuss the phenomenon of the Slave- Prison1 as a reflex of the racism in the Brazilian Punishment System’s actions, considering Black people as the majority of the population inside prisons. To achieve its research goals, historical questions were discussed as they collaborated for the construction of the current social scene as an on going racial stratification situation. It’s also discussed the differences and characteristics of hate crimes motivated by racism and prejudice, based on the Penal Code of Brazil of 1940, and the theories from the XIX century (The Lombrosian Theory and Social Evolutionism) that made popular the idea of the pathologization of the criminal through their physical characteristics, associating a certain profile to a criminal conduct which reinforces the idea that the crime correlates to a physical pattern. In this way, notices the presence of the same chain of thought as an influence upon the current criminal legislation. As a method of research, it was a choice to apply the Labelling Approach Theory with the goal of indicating what the Critical Criminology discusses about the subject in question.Item Colaboração premiada: considerações acerca do instituto com base na Lei nº 12.850/2013(Universidade Católica do Salvador, 2019-01-30) Alencar, Pablo Roma Silva Gonçalves de; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br; Rangel, Caio Mateus Caires; http://lattes.cnpq.brThe purpose of this article is to avoid any conflicts that give rise to legal uncertainty regarding the an institute of award-winning collaboration (popularly called an award-winning delineation) and its legal specifications. The term is becoming more and more popular with every discovery of new political scandals in our country. Since 2013, the current legal system addresses the difference between award-winning collaboration and award-winning delusion (with the first concept being increasingly broad. The present scientific article also aims to explain how award-winning collaboration occurs, thereby reducing some sense of impunity by penalty of some criminal agent.Item A consequência da omissão estatal nos delitos praticados por hipossuficientes: a coculpabilidade como princípio intrínseco ao garantismo penal no ordenamento jurídico brasileiro(Universidade Catolica de Salvador, 2019-01-31) Varão, Mariana Fernandes Oliveira; Rangel, Caio Mateus Caires; http://lattes.cnpq.br; Portela, João Alfredo Vieira; http://lattes.cnpq.brThis scientific article aims to approach coculpability as a possibility of application in Brazilian law, i.e, recognizing the State co-responsibility in them practice of crimes committed by certain individuals, who do not present favorable socioeconomic conditions and, therefore, have diminished capacity of self-determination because of that. In this way, it is understood that the State, through available resources, could offer these individuals opportunities for better social development, but this does not happen. Firstly, it will be analyzed the culpability, either as a principle or as an element of the crime, and their respective hypotheses of exclusionary, to approach later about the concept of coculpability, their possibilities of application in Brazilian criminal law, through doctrine, legislation and jurisprudence, as well as principles of equality and individualization of the penalty, which guide the theory of coculpability, always in the light of the criminal garantism.Item A constitucionalide e eficácia do regime disciplinar diferenciado no combate ao crime organizado(Universidade Católica do Salvador, 2019-01-24) Nunes, Monique Brito; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br; Rangel, Caio Mateus Caires; http://lattes.cnpq.brThe present scientific article aims to study the effectiveness of the disciplinary regime differentiated in the fight against organized crime. Differentiated disciplinary arrangements impose a much stricter prison sentence regime on the prisoner, which can be applied in two ways, such as a disciplinary sanction or as a precautionary measure. The form that concerns the present work is the precautionary measure that is applied when there is suspicion of a possible involvement of the incarcerated in a criminal organization or association. In this way, the objective of this article is to analyze to what extent the differentiated disciplinary regime is or is not effective in the fight against organized crime in the Brazilian penitentiary system. In this way, a bibliographic research method will be used, with researches in doctrines, jurisprudence and articles, in order to discuss the result of the implementation of the differentiated disciplinary regime in the fight against organized crime in Brazilian penitentiaries, analyzing its effectiveness.Item 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.brItem Crime cibernético: a pornografia de vingança como violência de gênero contra a mulher e a prática de divulgação disciplinada na lei 13.718/18(Universidade Católica do Salvador, 2020-12-16) Cruz, Bianca Beatriz Barbosa da; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br/; Rangel, Caio Mateus Caires; http://lattes.cnpq.br/Revenge pornography is a very common practice in Brazil, that it refers mainly to a form of gender-based violence, which aims to disseminate women's privacy through electronic means. Thus, the main objective of this article is to analyze the legal provision regarding the disclosure of pornography provided for in Law No. 13.718 / 18. In the meantime, the aforementioned elected as the main question to investigate whether Article 2018-C, §1 of the Penal Code that deals with the disclosure of pornographic content is in fact an adequate mechanism to discipline and contain the practice of conduct. Therefore, a methodology was devoted to analyzing the bibliography related to the theme, through qualitative research.Item Os crimes de colarinho branco: da origem à análise dos fatores que influenciam na sua prática à luz da ética de Immanuel Kant(Universidade Católica do Salvador, 2019-01-30) Santos, Darlã Conceição; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br; Rangel, Caio Mateus Caires; http://lattes.cnpq.br; Leão, Ilton Vieira; http://lattes.cnpq.brThe analysis of white collar crimes in general does not have the same visibility as the common crimes that are observed on the streets and in the daily lives of citizens, who grow exponentially in every country. The most striking feature of white-collar crime is the mode of execution adopted by sophisticated criminals, who resort to innumerable devices to conceal their activities. They are part of the role of the Economic Criminal Law, which covers crimes against the National Financial System, against the economic order, against the tax system, against the social security system, against consumer relations, against public finances, as well as confidentiality of the operations of Financial Institutions, bringing special laws regarding each type of crime. In the practice of so-called white-collar crimes, criminal agents collide with the central tenets of Immanuel Kant's ethics, and bring disastrous consequences to the collectivity.Item Da suspeição policial a condenação por conta do cabelo: análise do caso Bárbara Querino(Universidade Católica do Salvador, 2020-12-16) Jesus, Gabriela Machado Silva de; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br/; Rangel, Caio Mateus Caires; http://lattes.cnpq.br/Composing a detailed study of the case Bárbara Querino de Oliveira, a young black woman, resident of the outskirts of São Paulo, this article aims to expose the informalities of the evidential act through personal recognition after the photographic recognition, which ended up including yet another young black woman in the prison environment after being recognized by white, upper middle-class victims because of their curly hair and black skin. As well as demonstrating the presence of police selectivity in relation to race / color and class that ratifies institutional racism. Also, to highlight the existence of racial filtering - an expression used in the United States in the face of selective attitudes of State representatives, brought about by a study carried out with police in Pernambuco. The Brazilian judicial system sentenced this young black woman to five years and eight months, through a single means of evidence.Item Direito penal do inimigo: uma análise crítica da lei do abate em face dos princípios e garantias constitucionais(Universidade Católica do Salvador, 2020-12-16) Sampaio, Victoria Paganeli; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br/; Rangel, Caio Mateus Caires; http://lattes.cnpq.br/The main objective of this article is to analyze the possibility of violating constitutional principles and guarantees under the Slaughter Law. For this, a bibliographic review based on the conceptionist theory of the German jurist Gunther Jakobs, called the Criminal Law of the Enemy, was chosen as a starting point. According to the theory, there is a kind of separation between the agent who is considered a criminal, and in the first, the criminal is considered a citizen and would have the right to an appropriate trial. The second classification, on the other hand, understands that the criminal is an enemy of the State and therefore should be treated differently. Based on this, when relating the Slaughter Law to the theory of the Criminal Law of the Enemy, it is intended to observe whether in fact the aforementioned law constitutes a manifestation based on the theory of Jakobs and if for that fact it can be considered unconstitutional, that would be contrary to fundamental principles and guarantees of the Federal Constitution.Item Homicídio e lesão corporal por embriaguez ao volante: dolo eventual ou culpa consciente?(Universidade Católica do Salvador, 2020-12-16) Almeida, Clara Santos de; Rangel, Caio Mateus Caires; http://lattes.cnpq.br; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.brThe doubt between the application of possible fraud or conscious guilt in crimes caused by drunk driving is recurrent and disrupts the legal system. Therefore, the present study aims to analyze whether in cases of homicide and bodily injury caused by those who drive while under the influence of alcohol, possible intent or conscious guilt is applied. The research opts for the comparative method, which allows comparing the aforementioned institutes, based on the cases of homicide and bodily injury due to drunk driving. As a procedure, this work will be carried out by means of bibliographic review, case study, specifically of the legislation regarding the modalities on screen. Thus, the study fulfills that to define whether in the specified hypotheses there was indirect intent or predicted fault, it is necessary to analyze the specific case, verify evidence, elements and circumstances.Item A importância da ressocialização do preso e a aplicação da lei de execução penal no Brasil(Universidade Católica do Salvador, 2022-06-13) Reis, Jaíne Jeniffer Lessa dos; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br/; Rangel, Caio Mateus Caires; http://lattes.cnpq.br/Currently living in a democratic state of law, the resocialization of the prisoner is a right provided for in the Criminal Execution Law, occurring gradually, a quantitative analysis will be carried out, demonstrating the effectiveness and qualitative analysis of the conditions of prisons and their influence in terms of resocialization. Criminal policy is aimed at education, where several institutions have partnerships to help the state. However, society still has a great prejudice in living with an ex-convict, it happens that it does not give him the opportunity and he may commit a new crime to manage his life.Item A (in) eficácia da aplicabilidade da lei n. 11340/2006 – Lei Maria da Penha, diante de um cenário constante de violência doméstica e familiar contra a mulher(Universidade Católica do Salvador, 2020-06-22) Bomfim, Tatiana Santos; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br/; Rangel, Caio Mateus Caires; http://lattes.cnpq.br/This research aims to analyze the applicability of Law no. 11340 / 2006, the Maria da Penha Law in the face of the constant growth of cases involving domestic and family violence, highlighting the causes that have contributed to the recurring increase in women who are raped and murdered, emphasizing the main points of Law no. 13104 / 2015 and its repercussion with the insertion of the qualifier feminicídio in the list of heinous crimes.Punctuate the transformations and significant changes brought about by the aforementioned Special Law, which from restrictive punishment to deprivation of liberty has brought a new scenario to the Criminal Justice System, ceasing to be a mere crime of small offensive potential, thus prohibiting the application of the penalizing measures, the civil composition of the damages, criminal transaction the conditional suspension of the process, and the agreement of the non-criminal prosecution, this, innovation of Law no. 13,964 / 2019 (Anti-Crime Package). The method of approach used was the deductive one through the analysis of premises in a logical construction using doctrinal documents, jurisprudence, legislation and bibliographic reviews. It is extremely important to reflect on new perspectives for preventive and restorative measures associated with the evolution of more effective public policies.Item A incompatibilidade do artigo 229 do código penal com os princípios limitadores do poder de punir(Universidade Católica do Salvador, 2020-06-22) Castro, Danilo Hudson Carvalho de; Rangel, Caio Mateus Caires; http://lattes.cnpq.br; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.brItem A indeterminação do prazo da medida de segurança e a violação aos princípios limitadores do direito de punir(Universidade Católica do Salvador, 2020-06-22) Carvalho, Vivian Ferreira de; Rangel, Caio Mateus Caires; http://lattes.cnpq.br; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.brThis article discusses the indeterminate term of detention and treatment orders established by legislators, who fixed only the minimum of one to three years. The existing gap in our legislation clearly constitutes an offense to constitutional principles, and it is imperative that an upper limit be established in order to guarantee the rights of legally incompetent persons. To this end, this study examines orders of detention and treatment as a State-imposed sanction for legally incompetent persons who commit an unlawful act for which they are not culpable. As a consequence of the lack of an upper limit to the orders, the following principles are violated: the principle of the dignity of the human person, the principle of legality, and the potential violation of the prohibition of sanctions of a perpetual nature. Furthermore, the decisions of the Brazilian Federal Supreme Tribunal and Superior Tribunal of Justice are suggested as parameters to try to solve the problem caused by our legislation’s failure to set an upper limit.Item Jovens em conflito com a lei: uma análise jurídica sobre menores infratores e a relação com a imputabilidade penal(Universidade Católica do Salvador, 2019-06-13) Sá, Gabriela da Costa Ribeiro; Rangel, Caio Mateus Caires; https://wwws.cnpq.br; Figueiredo, Cristiano Lázaro Fiúza; https://wwws.cnpq.br; Fraga, Fagner Vasconcelos; https://wwws.cnpq.brThe legal age of criminal responsibility is nothing more than the minimum age for a person to be criminally responsible for the infraction committed. There is a lot of disagreement today about whether to be for or against the reduction and whether or not it is constitutional. In view of being a very current and controversial topic, a debate on this subject is necessary. The methods used to perform the present study were: historical, inductive and comparative. The result that this work intends to achieve is the fomentation of the aforementioned question, that is, the reduction of the criminal majority, being it feasible or not in view of the current situation in Brazil. It is also taken into account if minors are aware of unlawfulness, that is, whether or not they know the consequences of the act to be practiced and the reasons for juvenile delinquency and the reason behind such violence practiced by these young people.