O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

A organização do processo legislativo na Assembléia Legislativa do Rio Grande do Norte

This work evaluates the organization of the legislative activities and the decision-making process within the Legislative Assembly of RN, emphasizing the role of ruling institutions on the Legislative Power working, as well as the structure of its decisions. The organization and the production of the decision-making process inside the Legislative Assembly will be seen along with how institutional norms determine the nature of the legislative process and influence his legal production. The period under study extends from 1990/94 to 1994/97 legislatures. The work is divided in three parts. The first analyzes the legislative process, the role of legal production, the nature of the legislation produced during the time referred and the role of the decisory instances: the directive Table, the leaders collegiate and the permanent commissions; the second part will present the results of questionnaires made to the deputies about their perspective concerning the actual power structure, as well as a more desirable power distribution among different decisory instances in the Assembly. At last, part three will focus on the Executive power role exerted on the legislative process, analyzing how it makes use of his initiating and veto prerogatives, via the study of some laws sanctioned in 1990-1997

A dinâmica territorial da Assembléia de Deus do seridó do Rio Grande do Norte

In the norte-rio-grandense backwoods is possible to join to the power forms both political and economical ones, religious groups keeping under your control areas, people and flow of them, as well as settling new places of acts. That control refers to a field of power delimited by space, in other words, it refers to a territory marked and planned to reproductive intentions on the space. In relation to the religious pluralism, the Assembly of God church, in your territorial dynamics, has been standing out by the strategies of delimitation and space increase which by a constant territorial division process (1943-2010) managed to widen material and symbolic scale of its power for all cities of the Rio Grande do Norte backwoods. The Assembly of God church as the greatest Pentecostal denomination of Brazil was formed in the Rio Grande do Norte Seridó, following a ecclesiastical and governmental model divided into three ecclesiastical fields hosted in those following cities: Caicó, Currais Novos and Parelhas. Those headquarters interlink a limited number of churches through normative codes, which they express a functional dimension (bureaucratic) and in another symbolic one (charismatic) in an only field of territorial control. In this manner, the maintenance of the territorial power in the Assembly of God church is done by a charismatic-bureaucratic administration, expressed in the interdependent of material and abstract mechanisms. The believers permanent contact toward those mechanisms of institutional control revealed territorial identities which causes a feeling of property of the believer as much to the Pentecostal belief system as to community of the Assembly of God church. Considering new possibilities of articulation of the Rio Grande do Norte backwoods towards others territories more multiple, culturally, noticed cultural adjustments and revaluation at themselves. In relation to the territory of the Assembly of God church this one has exposed itself defensive faced with that cultural hybridization tendency, resisting a closer dialogue to new symbolic elements, mainly those came from the multifaceted neo-pentecostal movement. Unlike more open and flexible churches towards others significant systems, The Assembly of God church tries to reinforce the boundaries of its territory considering by the orthodoxy of its routine and customs