Revista Brasileira de Direito Processual Penal最新文献

Reparation as a condition of the non-prosecution agreement in crimes against the tax system 在危害税收制度罪中，赔偿作为不起诉协议的一个条件

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-05-15 DOI: 10.22197/rbdpp.v10i2.956

Sérgio Bruno Araújo Rebouças, Ana Beatriz Barros de Siqueira

{"title":"Reparation as a condition of the non-prosecution agreement in crimes against the tax system","authors":"Sérgio Bruno Araújo Rebouças, Ana Beatriz Barros de Siqueira","doi":"10.22197/rbdpp.v10i2.956","DOIUrl":"https://doi.org/10.22197/rbdpp.v10i2.956","url":null,"abstract":"This article problematizes the reparation of damage as a condition of the non-prosecution agreement (NPA) in crimes against Brazilian tax system. The applicability of this condition is addressed in crimes where the full reparation of the damage (payment of the tax) already has the effect of extinguishing criminal liability. This research is intended to answer the following problems: (i) Is the NPA applicable in tax crimes? (ii) Must the reparation of the damage, as a condition of the NPA, cover the full value of the tax, including interests and fines? (iii) Is the reparation of the damage always necessary to sign a NPA? The expectation of advantage to the accused, provided by the agreement as a negotiated justice instrument, is considered as a condition of its own meaning and effectiveness. On the other hand, the expectation of protection of the legal interest is considered in light of the sufficiency of the agreement as an instrument of prevention and repression of tax crimes. Possible ways of reconciling these expectations are delimited as hypotheses, through solutions such as a restricted understanding of the reparation of damage and the viability of partial reparation. The research is qualitative, exploratory, and propositional, based on the analysis of specialized legislation and literature. ","PeriodicalId":41933,"journal":{"name":"Revista Brasileira de Direito Processual Penal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140974700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Specialised justice as a path between the universal and the particular in the light of the Chilean case 从智利案例看专门司法作为普遍性与特殊性之间的途径

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-05-15 DOI: 10.22197/rbdpp.v10i2.910

Alejandra Castillo Ara

{"title":"Specialised justice as a path between the universal and the particular in the light of the Chilean case","authors":"Alejandra Castillo Ara","doi":"10.22197/rbdpp.v10i2.910","DOIUrl":"https://doi.org/10.22197/rbdpp.v10i2.910","url":null,"abstract":"The aim of this paper is to highlight the need to establish a specialised justice system for vulnerable groups. The Chilean experience in this area is used as a reference point. Questions are raised as to which groups deserve special attention and how specialisation can be achieved without compromising the neutrality of the law, which also aims at universality, at least at the local level. The idea that this differentiated consideration is a necessity is addressed, and its basis is essentially based on two things: an understanding of the right of access to justice as an autonomous right, and the principle of relative equality as material equality. Although it does not deal with practical implementation, it offers indicative guidelines that would allow for the optimisation of procedural and substantive legal instruments, thereby improving access to justice for vulnerable groups. In order to outline the path towards specialisation, key issues such as the definition of vulnerable groups and the debate on whether a procedural solution is sufficient or whether a correction of substantive criminal law is necessary are addressed. Finally, it discusses the insufficiency of a purely administrative solution and the feasibility of judicial specialisation, considering the possibility that the neutrality and objectivity of criminal law and criminal procedure may ultimately be violated. Finally, the question is raised as to whether specialised justice is a more empathetic than legal solution, which tends to undermine social solutions over individual ones.","PeriodicalId":41933,"journal":{"name":"Revista Brasileira de Direito Processual Penal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140977620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Os vícios de motivação como causa do erro judiciário: um primeiro esboço 作为误判原因的动机错误：初步概述

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-05-15 DOI: 10.22197/rbdpp.v10i2.924

Rámon Beltrán Calfurrapa

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Reflections about the preclusion of the right to prove in Brazilian criminal procedure 对巴西刑事诉讼中排除举证权的思考

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-05-15 DOI: 10.22197/rbdpp.v10i2.931

Gisele Mara de Oliveira, Samia Saad Gallotti Bonavides, Luiz Gustavo Giuriatto Ferraço

{"title":"Reflections about the preclusion of the right to prove in Brazilian criminal procedure","authors":"Gisele Mara de Oliveira, Samia Saad Gallotti Bonavides, Luiz Gustavo Giuriatto Ferraço","doi":"10.22197/rbdpp.v10i2.931","DOIUrl":"https://doi.org/10.22197/rbdpp.v10i2.931","url":null,"abstract":"The article deals with the preclusion on the parties' evidentiary activity in criminal proceedings, in order to answer the following research problem: how can preclusion affect the parties' evidentiary activity in criminal proceedings? As a hypothesis, it was established that the principle of the presumption of innocence and the right to a broad defense can rule out the rules of preclusion applicable to the evidentiary activity carried out by the accused in criminal proceedings. The research was carried out in three stages, based on the constitutional and infra-constitutional rules applicable to the parties' evidentiary activity in criminal proceedings. Firstly, the study dealt with the preclusion in relation to the right to evidence. Secondly, it described the possible hypotheses of preclusion related to the parties' evidentiary activity in criminal proceedings. Finally, it sought to verify the possibility of preclusion occurring in criminal proceedings and in relation to the probative activity of the accused. Adopting the guidelines of the hypothetical-deductive method and explanatory approach, and based on the theoretical knowledge already published about the subject, the research led to the conclusion that the principle of the presumption of innocence and the right to a broad defense point to the inapplicability of preclusion in relation to the evidential activity carried out by the accused in criminal proceedings.","PeriodicalId":41933,"journal":{"name":"Revista Brasileira de Direito Processual Penal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140971975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Il giudice, le parti e la prova nel sistema di giudizio penale italiano: contributo alla riforma in Brasile 意大利刑事审判制度中的法官、当事人和证据：对巴西改革的贡献

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-05-15 DOI: 10.22197/rbdpp.v10i2.959

P. Bronzo, Bruno Cunha Souza

引用次数: 0

The privilege against self-incrimination by legal entities in criminal procedures 在刑事诉讼中法律实体不得自证其罪的特权

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-03-27 DOI: 10.22197/f2739b20

Pedro Augusto Amaral Dassan

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Towards a plea-bargaining theory: Need to impose legal and deontological limits for its use 建立辩诉交易理论：需要对其使用施加法律和道义上的限制

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-03-27 DOI: 10.22197/rbdpp.v10i1.945

G. I. Anitua, Mariano Sicardi

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El estándar de suficiencia probatoria para crímenes de lesa humanidad 危害人类罪的证据充分性标准

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-03-13 DOI: 10.22197/hp3yav79

Gustavo Poblete

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Acordo de Não Persecução Penal (ANPP): aspectos gerais e observações sobre a confissão extrajudicial 非起诉协议（NPA）：一般方面和关于庭外供述的意见

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-03-13 DOI: 10.22197/tf0g7z22

Rogerio Schietti Cruz, Eduardo Martins Neiva Monteiro

{"title":"Acordo de Não Persecução Penal (ANPP): aspectos gerais e observações sobre a confissão extrajudicial","authors":"Rogerio Schietti Cruz, Eduardo Martins Neiva Monteiro","doi":"10.22197/tf0g7z22","DOIUrl":"https://doi.org/10.22197/tf0g7z22","url":null,"abstract":"With the introduction of the Criminal Non-Prosecution Agreement in the criminal procedural law by L. 13.964, of 2019, the criminal consensual justice system now has yet another important institute. Although initially provided for in CNMP Resolution n. 181, of 2017, its legal provision permanently removed the criticisms directed at its implementation through an infralegal act. In addition to exploring the legal nature of the ANPP, the possibility of its application in various crimes, its relationship with the constitutional right to silence, as well as the need for the Investigated to know the evidence produced against him to better evaluate the proposed agreement, the study analyzes the extrajudicial confession as an essential requirement for its celebration and approval by the Judiciary, including the exposition of the understandings of the Federal Supreme Court and the Superior Court of Justice that are formed on the subject. In the end, in view of the researched precedents, we seek to answer the following questions: do the STF and the STJ require certain requirements to validate the extrajudicial confession? Do you understand that judicial appreciation is relevant?","PeriodicalId":41933,"journal":{"name":"Revista Brasileira de Direito Processual Penal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140245857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Criminal Non-Prosecution Agreement as a political-criminal instrument: possibilities, binding jurisprudential reconfigurations, and the new directions of the Brazilian criminal procedure 作为政治-刑事工具的刑事不起诉协议：可能性、具有约束力的法理重构以及巴西刑事诉讼的新方向

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Revista Brasileira de Direito Processual Penal Pub Date : 2024-03-13 DOI: 10.22197/8xdex803

Gabriel Antinolfi Divan, Nestor Eduardo Araruna Santiago

{"title":"Criminal Non-Prosecution Agreement as a political-criminal instrument: possibilities, binding jurisprudential reconfigurations, and the new directions of the Brazilian criminal procedure","authors":"Gabriel Antinolfi Divan, Nestor Eduardo Araruna Santiago","doi":"10.22197/8xdex803","DOIUrl":"https://doi.org/10.22197/8xdex803","url":null,"abstract":"The paper, based on a bibliographic and hermeneutic review with a deductive approach, presents the configuration of the Non-Prosecution Agreement (ANPP) as a political-criminal instrument, the foundations of which need to be understood. Against the backdrop of the discussion of these foundations as binding by the Supreme Federal Court (STF), the first part advocates for the maximum scope and retroactivity of the ANPP as a mixed norm, seeking to describe the state of the discussion and the bases of the debate in jurisprudence. In a second moment, it proposes that the concept of penal insignificance, present in the legal discipline of the ANPP, should gain prominence as a critical function linked to the political-criminal analysis of jurisdictional action. In the third section, the text asserts the urgency of a justification for filtering the necessity or not of penal incidence and its convenience, based on perspectives on what may constitute just cause for criminal action. In the concluding remarks, the paper revisits the potential role of ANPP as an instrument that could inaugurate a democratic renewal in the legal system, given its ability to pave the way for a strategic discussion regarding the necessity or not of state-punitive action.","PeriodicalId":41933,"journal":{"name":"Revista Brasileira de Direito Processual Penal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140246901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0