Criminal Procedural Law
Mostrando 13-24 de 37 artigos, teses e dissertações.
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13. A prova no processo penal frente a estratégias da política jurídica: uma abordagem crítica / The proof in criminal proceedings against the strategies of Legal Policy: a critical approach.
This dissertation has as object to analyze aspects of the Brazilian Code of criminal procedure and its correlation with the Beddings of the Legal Politics, in face of the consecrated accusatory system in the Constitution of the Federative Republic of Brazil of 1988 and further sources of basic rights. Throughout the work it was identified that the process of
Publicado em: 2010
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14. Prisão e liberdade no processo penal militar
The dissertation aims to the proposed work, and discuss matters little face and that even the doctrine is discussed throughout the course of studies, demonstrate the need for adequacy of criminal procedural law the Military Federal Constitution, as well as many of the institutions provided the Criminal Code and legislation extravagant, here is that, because
Publicado em: 2009
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15. For a theory of the criminal procedural law: system organization / Por uma teoria do direito processual penal: organização sistêmica
O processo penal e o Direito Processual Penal evoluíram através das conquistas da humanidade. O primeiro, de mero meio de aplicação da sanção ao infrator da lei penal, passou a ser um instrumento de tutela do indivíduo contra possíveis arbítrios estatais, coroado pelos direitos humanos fundamentais e norteado pelo supra-princípio da dignidade da pe
Publicado em: 2009
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16. The pronunciation in the procedure of the Court of the Brazilian Jury / A pronúncia no procedimento do Tribunal do Júri brasileiro
Procedural law complies with the task of regulating the exercise of judicial functions, a fundamental activity of Democratic State of Law. In the current constitutional order the Jury Court is recognized and upheld both as law and fundamental individual guarantee. It is perceived as a fundamental human right because people s participation in the trials made
Publicado em: 2009
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17. A MEDIDA DA INTERVENÇÃO PENAL NO ESTADO DEMOCRÁTICO DE DIREITO / THE MEASURE OF ASSISTANCE IN CRIMINAL DEMOCRATIC RULE OF LAW
This paper aims to address, supported the concept of democratic rule of law, the path that has taken the formal system of social control through the contemporary state of criminal law and modern clash between the modern criminal law, seen as one that protects property Legal collectives, through a decommissioning, if not, the relaxation of the principles and
Publicado em: 2008
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18. A expansibilidade da nova técnica na instrução criminal: o interrogatório por "videoconferência"
It has been performed a survey of systematic circumstances about such attitude mainly in relation to examination. The consequences of Federal Legislation absence towards this subject were studied as well as the interference of the state, say supplementary, in reference to procedural question. The relevant international agreements in the same way as the const
Publicado em: 2008
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19. Efetivação da garantia de defesa no estado constitucional de direito: colisão entre o poder punitivo e garantia de defesa
The domination of the violence for the Rule of law awakened a tension between the practice of the punitive power and the right to counsel. However, throughout the recent history of the Criminal law, this shock of forces has been determined for the punitive power. In this perspective, the present work intends to submit the guarantee of defense to a critical j
Publicado em: 2008
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20. The interrogation by videoconference in the Brazilian criminal procedure and the constitutional principle of legal defense / O interrogatório por videoconferência no processo penal brasileiro e o princípio constitucional da ampla defesa
The modernization of the instruments to impose the law is an imposing need, under penalty of the Judiciary becomes only a distant and abstract symbol. In face of the technological advances, the Brazilian legal procedure needs to reconsider its paradigms. The Judiciary needs to use in its everyday the new technologies, otherwise, the accumulation of jobs and
Publicado em: 2008
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21. Guarantors omission in the event of primary oblligors failure to meet an oblligation: concerted action, unlawfull act without prior agreement between offenders, or a criminally irrellevant act? / Omissão do garantidor em face de conduta delitiva de terceiro: concurso, autoria colateral ou fato penalmente irrelevante?
This paper aims to examine to what extent a security guarantor or surety should be deemed responsible in the event that the primary obligor or principal fails to meet an obligation to which he/she is bound and thus enters default or delinquency. On the grounds of general legal theory and principles, this should be understood as a case of concerted action whe
Publicado em: 2008
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22. Rewarded delation: legal nature and limits in accordance with due process of law / Delação premiada: natureza jurídica e delimitação segundo o devido processo legal
In the Brazilian legal system, a diversity of legal texts may be identified contemplating rewarded delation; this causes difficulties about its scope, the definition of its legal nature, characterizing elements, form and proceeding moment of collection and validity as proof. This institute, modeled upon the one existing in the Italian law, was adopted as a f
Publicado em: 2008
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23. Da aplicabilidade do mandado de segurança na esfera criminal
This study intends to analyse the writ of mandamus on Brazil s Criminal Procedural Law, regarding its historical origins as well as this remedy in Comparative law. We do not intend to study everything about this subject, but the full meaning of the institute that has been an important instrument on individual rights protection and a powerful weapon against t
Publicado em: 2007
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24. Infrações penais de menor potencial ofensivo à luz dos princípios constitucionais
We developed an ultima ratio Criminal Law, with sanctions more suitable to human dignity. In the procedural field, the hierarchical relationship of the State to those whom commit a transgression begins to give a consensus to the scope of the law, especially between the offender and the victim of a crime of minor seriousness: this consent will determine that
Publicado em: 2007