Navegando por Autor "Macedo, Wagner Alves"

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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.