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

Inscrição discursiva da subjetividade homoafetiva na G Magazine

This thesis, which is entitled Registration discourse of subjectivity homo affective in G Magazine, is proposed to describe / interpret modes of subjectivity that is set in the discourse of homo affective confessions, recorded in letters addressed to G Magazine. The study is based on the theories of Discourse Analysis French, with a focus in the discussions Foucaultian remarkably discursive practices that produce meanings about the processes of subjectivity and sexuality. Methodologically, the research is of appreciative/qualitative character and falls in the field of Applied Linguistics (LA), at a press that the historical and cultural reality of the subject, establishing dialogues with many other fields of knowledge, which deal of the subject matter of speech and sexuality. Data analysis indicates that the magazine G Magazine works as a discursive space, where individuals on condition that homosexual, take it as the place that it gives security to talk to you, it's worrying, because the nature of the journal it suggests a belonging to the same discursive formation - that of homo affective . Thus, some of which are felt constructed for the investigation of the letters selected for this study showed that the forms of subjectivity of such homo affective are emerging in the game of the bans, the other is that as a subject of sexuality and to materialize in operation the confession. These homo affective, in a gesture of incessant registration of alternatives to be subject to its own truth of their sexuality, to seek his party in the case, the psychologist, a referral, a "light" that can guide them in an attempt to get rid of the forms of to subject. Installs itself in this way, as a point of resistance: the attempt to dissociate itself be of some states of submission, opening itself to other ways of being subject

Helena de Machado de Assis; Imagens literárias e a retórica da morte da nação inconclusa

Helena is the romance of perishable and discontinuous title character denominator of a dialectic that does not consume and build the narrative by sequential fragmentation combined with episodic frame. The novel is a lightning stroke to the romantic literary project. Therefore, this study aims to find "objective" elements of the novel that would constitute a conception of literary nation proposed by Machado de Assis, as in classical writing, where women are engaged as a metaphor for the nation by a non-cultural heroism, as the example of the Greek myth of Helena, where the feminine represents a mythical image of the nation. The paper's theoretical conception of the history of Walter Benjamin, that is, that is constructed as an allegorical appeal, the conclusions about the disciplinary society of nineteenth century of Michel Foucault, the construction of the nation as a subtle game to remember and forget of Wander Miranda and the rhetoric of death and loss reflected in the speeches of the cultural heritage of José Reginaldo Santos Gonçalves, which allow you to analyze the work permeated by subjectivity and existential conflicts by Machado, who has it arranged in dialectic with the avant-garde literary romanticism and realism. In this relationship with the Greek myth of Helen, explained that characters with the nickname of Helena in Machado's work are not uncommon. As in classical Helena, Machado s Helena uses three rhetorical are the cause of the seizure of the nation. In this game of remembering and forgetting, in the daily plebiscite, Machado draw ideal images that forged our mythical past and commitment to the future. The suffering love of Helena is suffering from failure of the nation which would have led the author to the use of allegorical language, seeking a balance in the chaos generated by the opposition between cruelty and pity widespread view in an area where only left the character's confession guilt for the death. It is a simulacrum of unfinished nation, the space for the game of remembering and forgetting, while the rhetoric of negotiation of our Brazilianness