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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 eve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penal Code Of Brazil
The current Penal Code of Brazil () was promulgated in 1940, during the Estado Novo regime, and has been 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. Background The penal code is one part of the Brazilian criminal justice system. The National Congress passes laws to define what acts are considered criminal; this becomes part of the penal code. The Congress also codifies the procedures for implementing the penal code. Three national police forces and multiple state-level police forces work to prevent and combat crime and hold alleged perpetrators for prosecution. The judiciary, including 92 courts at the federal and state levels interpret the codes and hear prosecutions and judge perpetrators; the correctional system oversees punishment and rehabilitatation of convicted criminals. The whole system hinges on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brazilian Constitution Of 1988
The Constitution of the Federative Republic of Brazil () 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 replaced the autocratic 1967 constitution capping 21 years of military dictatorship and establishing Brazil's current republic, often referred to as the New Republic. Made in the light of the Brazilian transition to democracy, it resignified the role of the state in the citizens' lives, providing a vast system of human and individual rights protection, social welfare, and democratic tools. Overview The 1988 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 dictatorshi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Police Of Brazil
The Federal Police of Brazil () or Department of Federal Police () is a Federal government of Brazil, federal law enforcement agency of Brazil and One of the most know nationals Polices forces of the Executive Power of Brazil. Besides with Polícia Rodoviária Federal (Federal Highways Police) and Polícia Penal Federal (Federal Prisions Police) and the Polices from the Capital, Brasília, Federal District, wich is also organized and maintened from the Federal government. In addition Brazil has more federals Polices from another powers, like the Institutional Polices from the Congress (Polícia Legislativa Federal), Federal Prossecuters Officers Police (Polícia do MPU) and Judicials Police of the Federal Judiciary. From 1944 to 1967 it was called the Federal Public Safety Department (). The Federal Police Department is responsible for combating crimes against Federal government of Brazil, federal institutions, international Illegal drug trade, drug trafficking, terrorism, cyber-c ... [...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 Ashcro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Operation Car Wash
Operation Car Wash (, ) was a landmark anti-corruption probe in Brazil.Kurtenbach, S., & Nolte, D. (2017). Latin America's Fight against Corruption: The End of Impunity. GIGA Focus Lateinamerika, (03). Beginning in March 2014 as the investigation of a small car wash in Brasília over money laundering, the proceedings uncovered a massive corruption scheme in the Brazilian federal government, particularly in state-owned enterprises. The probe was conducted through antitrust regulator. Evidence was collected and presented to the court system by a team of federal prosecutors led by Deltan Dallagnol, while the judge in charge of the operation was Sergio Moro. Eventually, other federal prosecutors and judges would go on to oversee related cases under their jurisdictions in various Brazilian states. The operation implicated leading businessmen, federal congressmen, senators, state governors, federal government ministers, and former presidents Collor, Temer and Lula. Compa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Prosecutor's Office (Brazil)
The Public Prosecutor's Office (, lit. "Public Ministry", often abbreviated "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 to 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 Federal Court of Accounts (), which is 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 lower courts; the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...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 Ashcro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
