DIREITO PENAL PDF
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Veja grátis o arquivo Apostilas de Direito Penal Parte Geral em PDF IVANESIO enviado para a disciplina de Direito Penal II Categoria: Aulas - 7. Veja grátis o arquivo Apostilas de Direito Penal Parte Geral em PDF IVANESIO enviado para a disciplina de Direito Penal II Categoria: Aulas - DECRETA: el siguiente,. CODIGO PENAL. LIBRO PRIMERO. DISPOSICIONES GENERALES SOBRE LOS DELITOS Y LAS FALTAS, LAS.
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1247484 Apostilas de Direito Penal Parte Geral em PDF IVANESIO
According to Foucault 3 3. Foucault M. Vigiar e Punir. Vozes; The hospitalization of people with mental disorders in Brazil also begins in the 19th century. Since then, as in most Western countries, attention to people with mental disorders meant hospitalization in specialized psychiatric hospitals, providing community isolation. The almost exclusive expedient to the prolonged confinement in psychiatric hospitals resulted in stigmatization and accentuation of the isolation of this clientele 3 3.
Since the s, experiences of transformation of mental health assistance have been adopted. Tundis and Costa 4 4. Cidadania e Loucura: With the proclamation of the Constitution in , Brazilian Public Health System SUS was created and institutional conditions for the implementation of new health policies are established 5 5.
In Brazil, the psychiatric reform law Currently, the Brazilian Government has as main goals for mental health policies: Such actions are justified by the data of the Ministry of health of These data are reflected also in the Brazilian prison system.
According to the Prison Information System - INFOPEN , men and 33 women with intellectual disabilities and 2, people are under security measure in psychiatric hospitalization. As we may learn from the study on Desafios da Loucura Judicializada - Challenges of Judicial Mental illness - , it is necessary to deconstruct the double stigma of the mentally ill offender and invest in existing experiences that take into account the possibilities of incorporation of anti-asylum movement and the implementation of social policies, as the ones ruled by SUS 11 Soares CR.
Desafios da loucura judicializada: As Basaglia 12 Basaglia F. Rio de Janeiro: Graal; In the case of the deinstitutionalization of the mentally ill in the judicial system, there is the aggravation of the crime, of the sentence and the imperious need for a coordinated work of public policies, from the experience of the service of monitoring and evaluation of therapeutic measures.
The Brazilian Prison System is a large and complex universe: In this system, 67, professionals work daily. This structure requires a legal complexity that involves ethical, strategic and operational issues, which contributed to favorable conditions for studies and debates that could provide the agreement of strategies and budgetary agendas and, of course, to the necessary interventions in the Brazilian prison system.
They have one direction and, depending on the complexity of the demand, more complex levels on their devices are reached. By that regulation, the criminal justice bodies, at national level, can find ways in the current legal system to become more congruent with the premises of social security, even when it constitutes a normative confrontational situation, modifying clearly, the purpose of the security measure: SUS intervention runs against the normative context in art.
Lei 7. As well as in art. Delmanto C. Renovar; It also highlights the vision of outpatient treatment in art. Since HCPT should be gradually replaced by therapeutic measures of community-based, it is possible envision, through the efforts of health workers and activists of anti-asylum struggle movements in the country, a replacement model, especially since the publication of Law Moreover, the care of persons with mental disorders in conflict with the law, in the context of criminal justice, has been enshrined in important legal landmarks which set guidelines for judicial attention to patients, namely: Atos Normativos.
As we examine this dichotomy of positions between SUS and the rules of criminal enforcement, given the reality of people with mental disorders in custody for criminal justice, it is possible to see that: That statistics represents opportunities for the country. However, it points out many risks concerning many aspects, such as the lack of specific legislation for the regulation of cyberspace and the guardianship for cybercrimes The lack of specific legal definition concerning the current situation allows the Judicial Power to make conflicting, contradictory decisions on topics directly related to the use of the Internet This enables us to perceive the current global relevance of the normative, regulatory treaty for the cyberspace, specially as far as it concerns the penal guardianship for cybercrimes, in order to bring together both the defense of human rights essential to the free exercise of democracy, which currently comprises the free access to the Internet as a regular exercise of a right inherent to the human condition, and the assignment of sanctions toward crimes committed in that environment.
The section concerning general penal law presents three basic documents: questionnaire, general report and resolutions. The questionnaire addresses themes related to criminalization, legislative technique on the guardianship for cybercrimes, limits for anonymity and the internationalization of these crimes. It also refers to a typical aspect shared by every cybercrime-related figure and the investigation of them, which is the relation with systems, networks, computer data on the one hand, and systems, networks and cybernetic data on the other side.
In this sense, cybercrime is directly related to both computers in the tradition sense and cybernetic databases Ensuing the issues presented, the section of general penal law presented resolutions divided in five groups: a general considerations for penal law; b alternatives to penal sanction; c the principle of legality; d the expansion of penal laws; and e the international cooperation As far as the first group is concerned, regarding the general considerations on penal legislation, the conclusion was that ICTs and the cyberspace produced specific interests that must be respected and protected, following the example of integrity and privacy of ICT systems and the personal identities in cyberspace.
Besides, the first general considerations resolution concluded that the integrity of cyberspace and ICT networks are essential for modern societies, even regarding communication media, and that the noxious and dangerous behavior in these environments can compromise fundamental interests, and thence the Governments must create efficient policies for the protection of ICT networks and the interests affected by it On the other side, the resolutions ponders the need for avoiding excessive regulation and criminalization of cyberspace, risking compromising communication freedom, which is an authentic, particular characteristic of cyberspace.
Besides, lawmakers must be aware that behavior regulation through the creation of penal laws and the imposition of unproportional mechanisms of control of cyberspace could interfere in the fundamental rights 40 , specially the freedom of speech and the freedom to gather information In the same group, the first resolution ponders that penal prohibitions contain strong moral reproach, and thus could stigmatize criminals.
Considering this, the Governments should carefully exam if non-criminal measures could be just as efficient in preventing attacks and abuse of freedom in ICTs and cyberspace. Concerning this situation, the following proposals arise: a damage compensation to victims according to civil law, as well as the promotion of instruments of restorative justice 43 as viable alternatives regarding legal orders; b the imposition of administrative measures, such as block to access or removal of offensive websites, combining the dissuasive effect without resorting to penal law, but without the occurrence of unproportional actions that turn out to become censorship by executive authorities 44 ; According to the need, for dissuasive effects, lawmakers can also consider allowing data storage under efficient legal control for later identification of users in suspicion committing major crimes The third group of resolutions, linked to the debate on the principle of legality, came to the conclusion that what requires regarding violations in the scope of ICT and cyberspace are define by law.
It also means that it counts for the definition of liabilities and obligations for the individuals, considering the result of penal liability too. The fourth group of resolutions, committed to the discussion of the expansion of penal laws, considered that many laws criminalized actions that are merely preliminary to attacks to the interests of ICTs and cyberspace, such as production, distribution and ownership of malware.
The expansion of penal laws is legitimate, as preliminary actions, as such, create an impending risk of damage.
So, when preliminary attacks are punishable, the punishment must be lighter than that prescribed for the consummated crime The penal liability concerning this should be limited to situations when providers are trustfully and specifically warned about the existence of forbidden content in its domain, and there are no reasonable immediate measures for the restoration of legality The fifth and last group of resolutions addresses the international cooperation, which is a recurring topic in the debate of cybercrimes.
Considering this, we observe that the commitment assumed by the International Association of Penal Law to discuss properly, seriously and responsibly contemporary topics such as the penal law in the information society is confirmed from the results identified in the questionnaire, in the general report and in the resolutions pointed out in the preliminary colloquiums.
Furthermore, the content produced from the debate resulting enabled by these opportunities contributes significantly for the conceptual formulation of the penal law and its relation with cybercrimes, above all the dynamics of evolution and transformation of the criminal behavior and the media employed to commit crimes of this nature.
The modern consumer increasingly seeks the Internet to make commercial transactions, and this happens for several factors, such as the optimization of available time, the attempt to maintain privacy, the range of price searching. Considering these changes, the development of researches concerning penal law and the information society is essential, in order to establish a new sight on crimes whose roots lie in cyberspace or whose vicious effects of the violation of rights will echo on cyberspace.
The study developed by us enabled us to identify a series of latent weaknesses, triggered by the use of technologies that seek to spread information and knowledge through ICTs, that in the analysis proposed by the present research lies in the transformation inherent to penal law.
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This is far from what Streck 52 has defended for a long time as a search for a right, proper answer to the Constitution of the States. Cyberspace as a whole offers new, different perspectives and expectations for the future. A while ago, when we watched a sci-fi movie, we imagined the future to come. Accessed: 25 Apr.Das Haus am Kanal: Most criminal codes, and most criminal law courses, begin Living Wild: Subordinazione e insubordinazione: Comment optimiser son score?
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