ESO - Escola Superior de Ciências Sociais

URI permanente desta comunidadehttps://ri.uea.edu.br/handle/riuea/4811

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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.