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Uma análise sobre o Estatuto do Desarmamento e seu impacto no Direito de Autodefesa
(Universidade do Estado do Amazonas, 2018-11-14) Mota, Gabriela; Almeida, Arlindo Correa de; Albuquerque, Ricardo Tavares de; Arruda, Monique de Souza
Society is unhappy with the progressive increase in violence in the country in recent decades. As a result, the debate about gun possession as a means of self-defense to inhibit the action of criminals is growing. In addition, studies are needed that relate the laws governing gun possession, the impact on self-defense and the reality in which the Brazilian population is inserted. In order to deepen the subject, this paper aims to analyze the impact generated by the Disarmament Statute in the face of the citizen's right of self-defense, through a constitutional reading regarding Law No. 10.826 / 03 and the right of the individual to possess and bear a firearm in order to guarantee him his right of self-defense. The Disarmament Statute had been approved by the National Congress to reduce crime rates, particularly firearm-related homicides, by banning gun ownership, drastically limiting the manufacture, trade and use of guns. However, firefighting did not envision a range of fundamental rights expressed in the Federal Constitution of 1988, especially regarding the right to self-defense. Although this topic has not received due attention in recent years, Bill No. 3,722 / 2012, by Mr. Rogério Peninha Mendonça, brings up the discussion about the citizen's right to own a gun. This study will be a hypothetical-deductive method. The research is exploratory, through doctrinal sources, legislative documents, scientific articles specific to the area, homicide rate matching tables, as well as case law and relevant legislation.
A atribuição para investigar os crimes dolosos contra a vida praticados por militares dos Estados contra civil
(Universidade do Estado do Amazonas, 2018-11-06) Macedo, Wagner Alves; Almeida, Arlindo Correa de; Ferreira, Patrícia Fortes Attaderno; Oliveira, Felipe Braga de
With the entry into force of Law 9,299 / 1996, doctrinal and jurisprudential divergences began to emerge regarding the constitutionality of §2, art. 82 of the Code of Military Criminal Procedure, added by that Law. Thus, two direct actions of unconstitutionality were filed: ADI 1,494 / 1997 and ADI 4,164 / 2008, the first was extinguished without resolution of the merits and the second is awaiting judgment. Recently, Law 13,491 of October 13, 2017 was enacted, which again amended art. 9 of the Military Criminal Code and further stirred up the stir about the issue. Thus, such divergences still persist today. Thus, the purpose of this paper is to analyze which police institution is assigned to investigate the intentional crimes against life committed by state military personnel against civilians. The research will be in the qualitative approach, the technical procedures used will be of the bibliographic research type, with the purpose of collecting information for analysis of the various positions about the research problem. Finally, as can be seen, the issue is controversial and current, since such differences still persist, including whether such crimes would be military or common, hence the need to analyze, based on doctrine and jurisprudence, which institution police officer is responsible for investigating such crimes.
A atribuição para investigar os crimes dolosos contra a vida praticados por militares dos estados contra civil
(Universidade do Estado do Amazonas, 2019-01-18) Macedo, Wagner Alves; Almeida, Arlindo Correa de
When it becomes effective the Law 9.299 / 1996, doctrinal and jurisprudential divergences began to arise concerning the constitutionality of §2, art. 82 of the Code of Military Criminal Procedure, it was added by that law. Accordingly, two direct actions of unconstitutionality were filed: ADI 1.494/1997 and ADI 4.164/2008. Law 13.491, of October 13, 2017, was enacted recently, which again altered art. 9th of the Military Penal Code and further intensified the discussion on the subject. Consequently, these differences still persist today. So, the objective of this work is to analyze which police institution has assignment to investigate the intentional crimes against life practiced by military of the states against civilians. The research will be in the qualitative approach, the technical procedures used will be of the type bibliographic research, with the purpose of gathering information to analyze the various positions about this problem. Finally, as can be observed, the issue is controversial and current, since this disagreements persist, including whether such crimes would be military or common, hence the need to analyze, based on doctrine and jurisprudence, which institution investigating such crimes.
O livramento condicional e as faltas graves: uma análise das mudanças ocorridas com o pacote anticrime.
(Universidade do Estado do Amazonas, 2023-03-07) Rabaioli, Dafne Holanda; Almeida, Arlindo Correa de
Conditional Release is a way to seek the rehabilitation of the convicted individual through almost complete freedom, as in this condition, the sentenced individual will not be under monitoring or intramural confinement, but will only need to comply with some requirements imposed by the judge who granted the benefit. This important mechanism of penal execution recently underwent considerable modification with the implementation of the Anti-Crime Package, which will be analyzed in the present work. The Conditional Release requires responsibility and commitment from the convict to comply with their sentence, characteristics verified through the subjective requirement of good prison behavior which, with the recent changes, now has two aspects to be analyzed: the objective aspect of not committing a serious offense in the last twelve months and the subjective aspect.