Especialização em Ciências Criminais
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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 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.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.Item Se eles me pegam me enchem de soco, não vou relatar esse fato de novo: um estudo sobre o alcance de efetividade das audiências de custódia na prevenção à práticas de tortura institucional na cidade de Salvador(Universidade Católica do Salvador, 2021-05-13) Oliveira, Luana Campos de; Ferreira, Poliana da Silva; http://lattes.cnpq.br/The purpose of this scientific article is to find out whether the holding of custody hearings in Brazil has effectively curbed the institutional torture perpetrated by state agents during police operations; to point out the existence of the practice of police violence, demonstrating who is the specific target of this violence, presenting, for this purpose, official statistical data; analyze the rates of state violence in Salvador in three years of holding custody hearings based on data from the survey carried out by the Public Defender's Office of Bahia in 2019; and to show that, in addition to the declared control of the holding of custody hearings, there is an undeclared control, which would be the external control of police activity.Item A aplicação da justiça restaurativa nos casos de atos infracionais praticados pela juventude negra(Universidade Católica do Salvador, 2021-05-13) Sá, Arthur de Souza; Santos, Caio Vinicius de Jesus Ferreira dos; http://lattes.cnpq.br/In the lines of this article, the objective of building an analytical narrative about the presence of restorative justice in the means of criminal conflict composition will be revealed. We will bring up the main points of the social problematic that involves these subjects and what motivations lead them to criminality, highlighting the state of systematic denial of fundamental rights and guarantees, the importance of the status of children and adolescents, the structurality of racism as catalyzing element of the presence of these individuals in the penal system aiming at analyzing how restorative justice presents itself to promote legal peace between victim and offender, offering a valid alternative to the punishment offered by the judge-state, constructed through a bibliographic methodology that concludes on the need for restorative composition in view of the vulnerabilities that are at stake for this black youth.Item 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.brThis 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.Item A relevância da justiça restaurativa em face da sobrevitimização nos crimes sexuais(Universidade Católica do Salvador, 2020-11-04) Santos, Ana Carolina Azevedo Prudente dos; Silva, Marcel Engrácio Leal da; http://lattes.cnpq.br/This scientific article proposes to emphasize the innocuousness of formal criminal justice, marked by the (non) protagonism of the victim and the inability to meet the primordial needs of the victim in the post-crime, notably in sexual crimes, limited to the application of distressing punishment to the offender . Thus, with the use of exploratory and dogmatic-legal methods, through bibliographic research, focusing on the victim aspects, especially the victim's needs, the types of victimization caused by criminal retributionism, and, mainly, after understanding that the The revictimization to which they are subjected are caused by the criminal prosecution itself, aiming to highlight the essentiality of the application of restorative practices in the criminal field. It will be demonstrated, therefore, that Restorative Justice, understood as a humanizing procedure, of a pacifying character, which focuses on the direct victim of the crime, but also on the needs of the offender, families, society, involving them in the resolution conflict, provides the victim with a reduction in the effects of secondary damages of the criminal process, revaluing it.Item Crimes cibernéticos e a recepção da lei no 12.737/2012 no Brasil(Universidade Católica do Salvador, 2020-04-30) Brito, Marcelo Matos; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br/This work deals with cybercrimes, as well as the action of the Brazilian Judiciary in the face of this type of crime. The general objective is to analyze the law to combat cybercrime in Force in Brazil, making an observation in the behavior of the Brazilian Judiciary after validation of the legislation that addresses this type of criminal law, to understand how the country currently treats these cases and verify the efficiency of the Law. Specifically, it seeks to carry out a historical analysis of crimes of this nature in Brazil, to examine the current national law and obtain too much view on the competence of this legislation and its breadth. The present work also aims to identify the elements that contribute or encourage the existence and practice of these crimes, demonstrating the immensity that can reach the individuals involved. In the end, it seeks to present the position regarding the practice of these crimes and the measures they work to expand the fight against this phenomenon. This article consists in the use of analysis of bibliographies, such as articles, books and journals in PDF, taken from the internet database, as well as physical works. Therefore, the present work aims to analyze and promote a more extensive conception about these increasingly repetitive acts nowadays.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 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 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).Item Caminhos da desinternação: os potenciais impactos de implementação de equipe de avaliação e acompanhamento das medidas terapêuticas no hospital de custódia e tratamento da Bahia(Universidade Católica do Salvador, 2021-05-10) Amorim, Inede Vitória Dias Pereira; Fernandes, Daniel Fonseca; http://lattes.cnpq.br/The present paper aims to analyze the potential impacts of the implementation of an Evaluation and Monitoring Team of the Custodial Sentences Applicable to the Person with Mental Suffering in Conflict with the Law (EMT) in Salvador, Bahia. To this end, the bibliography research was based on the analysis of legal texts, ordinances, normative guidelines for public agencies, data provided by the Hospital de Custódia e Tratamento from Salvador (HCT). The article argues, through a bibliographic review, the fundamentals of the custodial sentence, the HCT-BA’s patients profile and the policies reorientation in order to support the health of people with mental disorders in conflict with the Law, so that, it delves into the structuring of the (EMT) and its potential impacts in the Bahian context, especially in the municipality of Salvador, where the only State Institution responsible for the implementation of custodial sentences and holder of the expertise to verify non-accountability is located. The results obtained revealed that the EMT implementation at HCT-BA could provide effectiveness of the paradigms of the anti-insane asylum struggle for both the hospitalized and the ones in social reintegration, through similar projects’ actions adopted in other Brazilian States.Item A quebra do segredo de justiça nos crimes contra a dignidade sexual como instrumento de proteção às vítimas: uma análise acerca do Art. 234-B do código penal e da sua aplicação no ordenamento jurídico vigente(Universidade Católica do Salvador, 2021-05-10) Jesus, Elis Araujo de; Santos, Natália Petersen Nascimento dos; http://lattes.cnpq.br/The secrecy of justice determined by art. 234-B of the Penal Code has been applied as an absolute and inflexible norm based on the jurisprudential foundation that protection is intrinsic to proceedings that investigate sexual crimes. Such understanding has proven to be alien to the social and legislative context in force, especially in view of the intense revictimizing experience endured by any subject subject of sexual crimes, who are, in their majority, women. Through the study of pertinent legislation, doctrine and jurisprudence, as well as articles and legal books, an analysis of art. 234-B, of the aforementioned legal diploma and its particularities was carried out, with the objective of verifying the possibility of breaking secrecy, in the face of the express request of the victim qualified as a prosecuting assistant, in order to curb procedural violence. It was concluded that Article 234-B of the Criminal Code, when applied in an absolute and indiscriminate manner, contributes to worsening re-victimization and goes against constitutional values and principles.Item Emendatio libelli e a sua (in)compatibilidade com as garantias constitucionais do contraditório e da ampla defesa(Universidade Católica do Salvador, 2021-05-20) Ferraz Filho, Valdemar de Souza; Urani, Marcelo Fernandez Cardilho de Morais; http://lattes.cnpq.br/Majority doctrine and jurisprudence has always argued that the emendatio libelli, provided for in art. 383, of the CPP, to be applied, does not depend on prior opportunity to exercise the adversary, on the grounds that the defendant defends himself against the alleged facts and not the initial classification of the crime. However, a minority doctrinal current has arisen, claiming that the defendant defends himself, not only from the facts, but also from the relevant legal matters that may affect his libertatis status. Thus, the application of the institute would depend on prior concession of opportunity to exercise the adversary, in addition to its conformity with the guarantee of the defendant's broad defense. Hence the importance of the theme, since the application of art. 383 from CPP is recurrent in forensic activity, motivating the present study which aims to discuss the emendatio libelli and its (in) compatibility with the constitutional guarantees of the adversary and the broad defense, pointing out the possible solution to the problem.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 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.