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Condução Coercitiva
''Condução coercitiva'' is a Brazilian judicial mandate or summons, which provides for a compulsory method of bringing subjects of a judicial process, victims, witnesses, accused parties, or expert subjects into the presence of law enforcement or judicial authorities against their wishes. This is a measure provided for in the Penal Code of Brazil (CPP) as a means of compelling the appearance of a person to attend an action to which he was summoned, but who failed to do so without justification. According to some jurists, this is a form of short-term "precautionary detention" () whose purpose is to ensure the convenience of the production of proof. If equated with precautionary detention, is contrary to the Brazilian Constitution of 1988 Article 5, paragraph LXI, even though the procedure is in the Penal Code of Brazil, instituted in 1941. The CPP authorizes the enforcement of the of victims, witnesses, defendants, and experts who refuse to appear in court, and who may ev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penal Code Of Brazil
The current Penal Code of Brazil ( pt, Código Penal brasileiro) was promulgated in 1940, during the Estado Novo regime in the Vargas Era, and is in effect since January 1, 1942. It is the third codification of criminal law in the country's history, succeeding those of 1830 and 1890. One notable feature of the document is the inclusion of libel as a crime. History Previous penal codes The first penal law in independent Brazil was the imperial Criminal Code of 1830, issued on December 16, 1830 and approved by Emperor Pedro I. The General Assembly of the Empire determined that any offense or voluntary omission to the Code was to be considered a crime. The Criminal Code of 1830 was in force during the Empire. After the Proclamation of the Republic in 1889, a new penal code was created on October 11, 1890, followed by a new constitution in 1891. This penal code was in effect during the First Republic and most of the Vargas Era. Current penal code In 1934, a new constitution was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brazilian Constitution Of 1988
The Constitution of the Federative Republic of Brazil ( pt, Constituição da República Federativa do Brasil) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil. It provides the framework for the organization of the Brazilian government and for the relationship of the federal government to the states, to citizens, and to all people within Brazil. Overview The current Brazilian Constitution is the seventh enacted since the country's independence in 1822, and the sixth since the proclamation of the republic in 1889. It was promulgated on 5 October 1988, after a two-year process in which it was written from scratch. History The current Constitution of Brazil was drafted as a reaction to the period of military dictatorship, and sought to guarantee individual rights and restrict the state's ability to limit freedom, to punish offences and to regulate individual life. Among t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Police Of Brazil
The Federal Police of Brazil (Portuguese: ''Polícia Federal'') is a federal law enforcement agency of Brazil and one of the three national police forces. The other two are the Federal Highway Police, and the National Force. From 1944 to 1967 it was called the Federal Public Safety Department (Portuguese: ''Departamento Federal de Segurança Pública''). The Federal Police Department is responsible for combating crimes against federal institutions, international drug trafficking, terrorism, cyber-crime, organized crime, public corruption, white-collar crime, money laundering, immigration, border control, airport security and maritime policing. It is subordinate to the Ministry of Justice and Public Security. Legal authority The Federal Police's mandate was established in the first paragraph of Article 144 of the Brazilian Constitution, which assigns it the following roles: #To investigate criminal offenses against political and social order, or against goods, services and inte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Material Witness
In American criminal law, a material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of 1984 most recently amended the text of the statute, and it is now codified at . The most recent version allows material witnesses to be held to ensure the giving of their testimony in criminal proceedings or to a grand jury. Since September 11, 2001, the U.S. has used the material witness statute to detain suspects without charge for indefinite periods of time, often under the rubric of securing grand-jury testimony. This use of the statute is controversial and is currently under judicial review. In '' Ashcroft v. al-Kidd'' (2011), the detainee was never charged or called as a witness, and sued John Ashcroft, then the U.S. attorney general. The Supreme Court overturned a ruling by the Ninth Circuit Court of Appeals and held that Ashcroft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Operation Car Wash
Operation Car Wash ( pt, Operação Lava Jato) was a criminal investigation by the Federal Police of Brazil's Curitiba branch. It began in March 2014 and was initially headed by investigative judge in France, but unlike judges in the common law systems in most Anglo-Saxon countries, an ''investigative judge'' is both part of the judicial system and carries out pre-trial investigations before prosecution. Sérgio Moro, and in 2019 by Judge . It has resulted in more than a thousand warrants of various types. According to the Operation Car Wash task force, investigations implicate administrative members of the state-owned oil company Petrobras, politicians from Brazil's largest parties (including presidents of the Republic), presidents of the Chamber of Deputies and the Federal Senate, state governors, and businessmen from large Brazilian companies. The Federal Police consider it the largest corruption investigation in the country's history. The taskforce was officially disband ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Prosecutor's Office (Brazil)
The Public Prosecutor's Office ( pt, Ministério Público, lit. "Public Ministry", also usually referred as "MP") is the Brazilian body of independent public prosecutors at both the federal (') and state level (''Ministério Público Estadual''). It operates independently from the three branches of government. It was once referred by constitutional lawyer and former president Michel Temer as a "Fourth Branch". The Constitution of 1988 divides the functions of the Public Prosecutor's Office into three different bodies: the '' Public Procurator's Office'', the '' Public Defender's Office'' and the Public Prosecutor's Office itself, each one of them an independent body. In addition to that, the new Constitution created the ''Courts of Account'', also autonomous in its functions. There are three levels of public prosecutors, according to the jurisdiction of the courts before which they perform their duties. There are the federal prosecutors (') who bring cases before judges in low ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Material Witness
In American criminal law, a material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of 1984 most recently amended the text of the statute, and it is now codified at . The most recent version allows material witnesses to be held to ensure the giving of their testimony in criminal proceedings or to a grand jury. Since September 11, 2001, the U.S. has used the material witness statute to detain suspects without charge for indefinite periods of time, often under the rubric of securing grand-jury testimony. This use of the statute is controversial and is currently under judicial review. In '' Ashcroft v. al-Kidd'' (2011), the detainee was never charged or called as a witness, and sued John Ashcroft, then the U.S. attorney general. The Supreme Court overturned a ruling by the Ninth Circuit Court of Appeals and held that Ashcroft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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