2 resultados para Workman’s privilege

em ReCiL - Repositório Científico Lusófona - Grupo Lusófona, Portugal


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The Mhamai brothers were the suppliers of daily commodities / stationery to the viceroys / governors of Goa. Since late 18th century their agency house worked in partnership with several other trading houses all over the west coast of India. They also served as brokers for the French East India company in Goa during the critical period of anglo-french wars. The Mhamais were also revenue farmers, particularly customs and tobacco tax farming. I had the privilege of taking their family archives to the Xavier Centre of Historical Research in 1979 and making the history of the family known worldwide.

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In this paper we will essentially consider the relations between the State punitive claim as well as the pursuit of material truth of facts on the one hand, and on the other hand, the admissibility of evidence collected on the body of the accused in criminal investigations. Aware of the multiple and different refractions that this matter involves, especially considering the potential interference of the principle nemo tenetur se ipsum accusare (or privilege against self-incrimination), this approach is illustrated by the critical appreciation of the ECHR decision in the case Bogumil vs. Portugal, trying to reach some propositions (necessarily poor) regarding the specifics of evidence-related body interventions in cases of arrest and detention.