Intrépido: Iniciação Científica

Maria da Penha Law, a critical analysis of femicide

2024-08-21T12:47:54-03:00

This article aims to present a theoretical review in relation to the Maria da Penha law, specifically in terms of femicide. The methodological approach of this article is qualitative and the text presented here is the result of a bibliographical research carried out from keywords such as Lei Maria da Penha, Feminicide, violence against women. About the Maria da Penha Law nº 11.340, the Penal Code Decree Nº 2.848, the Femicide Law nº 13.104, as well as institutes and websites that provided reports for a greater need for the number of feminicides.

Infringement of the Accusatory System in the Military Criminal Procedure Code

2024-08-21T13:42:10-03:00

This article aims to analyze the military criminal procedure structure, verifying which criminal procedural system the legislation most closely resembles. Initially, the main criminal procedural systems studied by doctrine, their characteristics, and the differences between them will be addressed. Next, the procedural system followed by the Code of Criminal Procedure will be analyzed, to then observe the structure of the Military Criminal Procedure Code and determine if both legislations are in agreement regarding the applied procedural system. Finally, an analysis will be conducted concerning the differences found and the infringements of the Military Criminal Procedure Code in relation to the Code of Criminal Procedure, with regard to the procedural characteristics identified.

CRIMINAL LAW AND CRIMINAL PROCEDURE AND ITS REFLECTIONS ON PUBLIC SECURITY

2024-08-20T22:17:13-03:00

The present work seeks to analyze the relationship between criminal laws and public security, aiming to analyze whether the preservation of public order is reflected by the penalties provided for in criminal law. The Constitution provides that public security is the duty of the State, to preserve public order and protect property and public safety, withCriminal and criminal procedural laws being the norms used to define harmful actions, which put the order of society at risk, as a crime, stipulate the penalty and determine the actions of criminal prosecution. This monograph will address the problems of insecurity and the increase in crime rates, which public security is currently facing. Criminal and criminal procedural laws have been the subject of several questions regarding their efficacy and effectiveness in guaranteeing public security. Along with this issue, this monograph will reflect on penalties and their function in relation to crime. It can be concluded, at the end of the research, that the solution to the problems of crime is not found in thoughts such as criminal populism, which defends rigorous and high penalties, but in the conviction that each criminal act will have its penalty and, furthermore, it is necessary to comply with the principle of minimum intervention in Criminal Law. The methodology used was explanatory and quali- quanti research, using books, documents, reports, reports, data and other bibliographies.

Economic Inequality

2024-08-21T13:35:29-03:00

This work aims to explore the various factors that generate and exacerbate the economic inequality faced by Brazilian society, encompassing low-quality education, challenges in public health, gender inequality, social mobility, and inadequate financial education. The methodology used in this study consists of bibliographic and documentary research, encompassing various sources such as books, scientific articles, and laws. The research technique employed included gathering theoretical references.

THE GUARANTEE OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE IN FACE OF EARLY SERVING OF THE SENTENCE

2024-08-21T13:23:28-03:00

The present article aims to analyze the guarantee of the constitutional principle of presumption of innocence in the face of potential early enforcement of a sentence following confirmation of a conviction at the second instance. As part of the methodology, doctrinal and jurisprudential works on the proposed subject were analyzed. Throughout the study, the origin of the presumption of innocence principle was examined, observing how it protects the accused in criminal proceedings, aiming to understand the procedural safeguards it establishes. Additionally, an analysis of the legal evolution of second-instance imprisonment in Brazil was conducted, along with an examination of the harms caused to the accused by this measure. In this context, to conclude the study, it was analyzed whether the early enforcement of the sentence after a second-instance conviction violated the constitutional principle of presumption of innocence. It was concluded that anticipating the sentence while appeals were still pending seriously violated this principle. Thus, it was concluded that it would not be possible to guarantee the constitutional principle of presumption of innocence in the event of early sentence enforcement.

READJUSTMENT IN HEALTH PLANS

2024-08-21T13:03:11-03:00

The research addresses Law 9,656/1998, which regulates health plans in Brazil, and the role of the National Supplementary Health Agency (ANS) in regulating prices. The study highlights the mismatch between the tariff values and the services provided, as well as the adjustments based on the variation in the costs of medical and hospital procedures and the age group of the beneficiaries. The central problem is the lack of government supervision, which allows abusive adjustments and does not guarantee the quality of services, resulting in contractual imbalance. The objectives include explaining the contractual relationship between beneficiaries and operators, discussing the contractual modalities, exposing the adjustment rates applied, identifying the regulation of adjustments and analyzing the possibility of state intervention in abusive contractual relationships. The research uses the analytical and documentary method to analyze the relevant legislation, the Civil Code and the Consumer Code, demonstrating abusiveness in relationships between companies and beneficiaries of private health plans. The research results indicate that adjustments to health plans are often abusive, especially penalizing elderly consumers, who are more vulnerable. The legal analysis revealed that current legislation, although it establishes rules for adjustments, is often inadequate to protect beneficiaries against abusive practices. It is concluded that there is an urgent need for greater supervision and state intervention to ensure that adjustments are fair and proportional to the service provided, thus avoiding contractual imbalance and guaranteeing the protection of consumer rights.

LEGAL CONFLICT MANAGEMENT

2024-08-21T16:54:59-03:00

Legal conflict management is a new paradigm for overcoming issues related to costs, efficiency and the duration of processes in the Brazilian Courts. This article will predominantly address, from a legal point of view, the following concepts and techniques, which are mediation; conciliation; the deal; and arbitration. Furthermore, the thematic field of this study portrays the theory based on the analysis of the results presented by the following bodies: National Council of Justice – CNJ; and Court of Justice of the State of Minas Gerais – TJMG. This analysis includes a study of management techniques that contribute to a critical analysis of the results obtained. The methodology used makes it easier the understanding of Legal Conflict Management and its interfaces with administration instruments. In this sense, it shows that administration practices are fundamental to the process of continuous improvement of the results of the Courts and Defenders. Therefore, it‘s concluded that interdisciplinary theoretical knowledge applied to practice is essential to the process of building justice for everyone.

Aspects of Validity and Invalidity of Electronic Evidence in Electronic Judicial Proceedings

2024-08-21T12:23:22-03:00

Technological modernization and the evolution of access to these resources to
the various sectors of society have profoundly changed legal careers with the introduction
of the electronic judicial process, which have been adopted more and more in the
Judici ary. Along with the electronic process, the electronic proof appears, a new type of
proof that lacks some requirements not yet used to verify its full validity. By means of an
exploratory research, based on a bibliographic and documentary procedure, the ma in
issues involving electronic evidence were addressed, so it was demonstrated that,
although there is no specific legislation regulating the subject, the legislation already
admitted the possibility of its use, however, some specific requirements must be observed
to verify its legitimacy, as well as the non observance of other specific requirements may
lead to the invalidation of the evidence.

Maternity and Higher Education

2024-08-21T13:30:49-03:00

The article analyzes motherhood when combined with higher education and examines the guarantees defined by the principle of human dignity. In this context, it explores the environment in which these mothers live, as well as the legislation and programs that support them in pursuing higher education. It also highlights the state and private initiatives that have been contributing to their ability to enter and remain in higher education, emphasizing the importance of this access to education in enhancing the value of motherhood and its positive impact on society.

The Employer's Liability for Work Accidents at the Remote Workplace

2024-08-21T13:23:25-03:00

This article aims to analyze the employer's liability for work accidents in the remote work location, considering that the provision of services may or may not occur outside the employer's premises. It is worth noting that teleworking is not considered external work, which normally involves activities outside the home or business environment, such as external salespeople or delivery people. Teleworking or remote work is the provision of services outside the employer's premises, using information and communication technologies. The fact is that the employer who adheres to good practices will consequently have a reduction in costs related to accidents at work and occupational diseases, as since the company is not concerned with the quality of life of its employees, it can result in significant costs for employers, including medical expenses, workers' compensation, lost productivity and damage to the company's reputation. Therefore, understanding and mitigating risks can help reduce unwanted costs. The research is justified by the need to understand the employer's responsibilities in remote work locations, allowing for better risk management. This involves identifying, assessing and controlling the risks associated with remote work to ensure a safe work environment.

Challenges and obstacles to the applicability of the Maria da Penha law in protecting women.

2024-08-21T13:06:54-03:00

Violence against women is historical and has a structural character, which is perpetuated due to their subordinate position in the patriarchal sociocultural order. Current data show an increase in all indicators of violence against women in Brazil. The Maria da Penha Law represents a significant advance in the protection of women against this type of violence, however, the effectiveness of this law in practice has been questioned and is the subject of debate among scholars and professionals in the field. Therefore, this study generally analyzed the challenges and obstacles to the applicability of the Maria da Penha Law in protecting women against domestic violence in Brazil, aiming to identify the main barriers faced in implementing this legislation. This is a literature review study with studies from the last 10 years, in addition to book chapters and current legislation on the subject. The results showed that although the Maria da Penha Law can be understood as an affirmative action by the State, aimed at correcting the violations experienced by the female gender, there is a complex network of factors that hinder the full implementation of this legislation, ranging from insufficiency of human and material resources in the bodies responsible for applying the law, to the lack of specialized police stations and the lack of procedural speed. Therefore, the full implementation of the Maria da Penha Law requires a serious and continuous commitment from the State and society to overcome the challenges and obstacles identified, moving towards a more just and egalitarian society, where domestic violence is effectively combatted and eradicated.

THE Personal Statement Of A Minor Under Eighteen Years Old In Front Of The (In)Admissibility Of His Confession

2024-08-21T16:50:02-03:00

The objective of this research is to analyze the personal testimony of minors under the age of eighteen regarding the (in)admissibility of their confession, with the purpose of understanding the impact of this issue on the application of justice and the rights of young people in the legal system. To this end, a detailed study of the relevant legislation, relevant jurisprudence and legal theories related to the topic will be carried out, in addition to an empirical analysis of legal cases involving testimony from minors. The aim is to contribute to improving research for legal practices, aiming to ensure more equitable justice for young people. This involves not only understanding the challenges faced by minors under the age of eighteen in relation to the admissibility of their confessions, but also proposing measures and policies that promote their rights and protect their interests. The personal statement of a minor under the age of eighteen is a complex topic that involves legal, psychological and ethical issues. Confession is a powerful form of evidence in a trial, but when it comes to minors, especially those under the age of eighteen, there are a number of specific considerations that must be taken into account. The research is justified, considering that it is crucial to understand the personal testimony of minors under eighteen years of age in light of the (in)admissibility of their confession for several reasons, such as the protection of the rights of children and adolescents.