A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights

A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

Mãe-esposa e professora: educadoras no final do século XIX

This text is organized through discussions undertaken in the area of the History of Education in Rio Grande do Norte, circumscribed to the History of Women from the first decades of the Brazilian Republic, and to the analysis of what was expected of this education. We examined representations of women in Natal, between 1889 and 1914, with the goal of configuring relations between the sexes with the emphasis on moral, intellectual and pedagogical aspects required of these women. As documental sources we utilized the educational, civil and criminal Legislation, on a National scope, as well as on a State and Municipal scope. We circumscribed our search to the newspaper A República, in which we found literature that circulated in Natal in the form of pamphlets, short stories and poetry, as well as other texts by authors that were part of the corpus of analysis of this study, located in public and private archives in Rio Grande do Norte, such as the Historical and Geographic Institute of Rio Grande do Norte (IHGRN) and the State Public Archive of Rio Grande do Norte (APE-RN). The use of the indexing method and the propositions of Cultural History were the appropriate theoretical-methodological framework to complete studies of this nature. This operational perspective permitted us to elaborate nuances about this time of transition from the 19th to the 20th Century, and to spotlight the fire of the women from this period. The basis of the argument that related women to maternity and domesticity, and within the ideals of abnegation and religious leadership, aligned to a demand coming from the increase in the quantity of schools for women, allocated women as the most appropriate for superior in educational performance in the country, based on its foundations: primary education. Beyond the universe of formal education, the other side of women appeared in republican politics. The mother-spouse and the institutionalization of domestic education associated the female gender with the role of educator at home as well. Be it in the public sphere, as a teacher, or in private, as mother-spouse, female care is perceived in this configuration, as an educational base that the Republic, and in transition, bequeathed to the Brazilian 20th Century

Corporeidade e formação docente: cenário geográfico das histórias de vida

L étude vient de présenter la recherche qui a eu lieu pendent la formation des professeurs d l'Institut d'Enseignement Supérieur Président Kennedy à Natal-RN, dont les sujets son les professeurs de la septième période du Cours Normal Supérieur. L objet d´étude sont les pratiques formatives de ces professeurs en formation par des difficultés qui ils présentaient pour comprendre les relations entre les domaines de connaissance le l interface avec les expériences, et le processus de formation. L objectif a éte identifier dans l expériences ludopoèthiques, les lieus de construction de l autoterritorialité des professeus en tant qu en formation. Parmi les pressuposés théoriques qui ont soutenu le développement de la recherche comprennent: Enseignement Humain ; Corps-espace; Corporéité; Auto-formation et Transdisciplinarité. L'approche de la recherche qualitative adopte les principes de la rechercheaction- formation, dans une perspective etnophenomenologique. La discipline Memorial de Formação avec l'utilisation de jeu de sable,a été le laboratoire des expériences, l outil de la recherche qui a subventionné la construction des narratives autobiographiques. La perspective transdisciplinaire sur l'étude a rassemblé dans la dimension épistémologique les références théoriques de la Géographie, de la corporéité. et des histoires de vie dans la formation. L'Atelier Corps (Bio) Géographique a été développé par cinq rencontres: Paysage du Sensible, Lieu de Sentipensar, Territoires des Découvertes, Région des Savoirs et de l'Espace Géographique de la Ecoformação. Les expériences vécues dans l'Atelier par les participants de la recherche ont permis une sensible et attentive écoute sur leur propre histoire, en donnant la possibilité de la reconstruction de la mémoire, et en faisant réfléchir sur son l'auto-formation. La découverte des cartes et la construction d un nouveau paysage autoformatif par les memoires ludiques des différentes phases de la vie, a fait apparaître la propriété ludopoètique de l autoterriotalité, au même temps qui a enrégistré la construction ontologique dans sa corporéité

O complexo geográfico em os sertões de Euclides da Cunha

The relation between geography and literature if has shown sufficiently promising.When considering that as much geography how much literature, constructs representations of the space from its speeches we find initially the point of interaction between both.In this direction, the workmanship "Os Sertões‖ of Euclides of the Wedge in allows them to argue where measured the existing specifications in a literary composition they can directly interest geography in the construction of its representations about the space.However to construct this approach, we take as north the conceptions of the complexity in which we weave the idea of that the workmanship if constitutes a geographic complex.We detach thus, the language of "Os Sertões‖ as one of the aspects that specify the complex in the Euclidean narrative and that it can interest geography in the production of its knowledge.As well as the language, the imagination is understood while an element that in makes possible them to analyze, to understand and to find the direction of the images made use in the space hinterland