Governo eletrônico, democracia digital e comunicação pública: a presença do poder judiciário na internet

Pós-graduação em Comunicação - FAAC

EGHEP-ISFG collaborative exercise on mixture profiles of autosomal STRs (GHEP-MIX01, GHEP-MIX02 and GHEP-MIX03): Results and evaluation

One of the main objectives of the Spanish and Portuguese-Speaking Group of the International Society for Forensic Genetics (GHEP-ISFG) is to promote and contribute to the development and dissemination of scientific knowledge in the area of forensic genetics. Due to this fact, GHEP-ISFG holds different working commissions that are set up to develop activities in scientific aspects of general interest. One of them, the Mixture Commission of GHEP-ISFG, has organized annually, since 2009, a collaborative exercise on analysis and interpretation of autosomal short tandem repeat (STR) mixture profiles. Until now, three exercises have been organized (GHEP-MIX01, GHEP-MIX02 and GHEP-MIX03), with 32, 24 and 17 participant laboratories respectively. The exercise aims to give a general vision by addressing, through the proposal of mock cases, aspects related to the edition of mixture profiles and the statistical treatment. The main conclusions obtained from these exercises may be summarized as follows. Firstly, the data show an increased tendency of the laboratories toward validation of DNA mixture profiles analysis following international recommendations (ISO/IEC 17025: 2005). Secondly, the majority of discrepancies are mainly encountered in stutters positions (53.4%, 96.0% and 74.9%, respectively for the three editions). On the other hand, the results submitted reveal the importance of performing duplicate analysis by using different kits in order to reduce errors as much as possible. Regarding the statistical aspect (GHEP-MIX02 and 03), all participants employed the likelihood ratio (LR) parameter to evaluate the statistical compatibility and the formulas employed were quite similar. When the hypotheses to evaluate the LR value were locked by the coordinators (GHEP-MIX02) the results revealed a minor number of discrepancies that were mainly due to clerical reasons. However, the GHEP-MIX03 exercise allowed the participants to freely come up with their own hypotheses to calculate the LR value. In this situation the laboratories reported several options to explain the mock cases proposed and therefore significant differences between the final LR values were obtained. Complete information concerning the background of the criminal case is a critical aspect in order to select the adequate hypotheses to calculate the LR value. Although this should be a task for the judicial court to decide, it is important for the expert to account for the different possibilities and scenarios, and also offer this expertise to the judge. In addition, continuing education in the analysis and interpretation of mixture DNA profiles may also be a priority for the vast majority of forensic laboratories. (C) 2014 Elsevier Ireland Ltd. All rights reserved.

Sacredness of the constitutional text and interpretive heresy: the brazilian supreme court decision on same-sex unions

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the deficiencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion than to offer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

A legitimidade democrática do Supremo Tribunal Federal: contribuições para a prática do ativismo judicial

Pós-graduação em Direito - FCHS

Saúde entre o social, o científico e o jurídico: o abortamento de anencéfalos

Pós-graduação em Serviço Social - FCHS

Insuficiências e propostas teórico-práticas para a efetivação judicial de direitos humanos fundamentais

Pós-graduação em Direito - FCHS

Sobre o controle jurisdicional da política externa - notas acerca do caso Battisti no STF

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

A liberdade de imprensa vista pelo Supremo Tribunal Federal: análise da ADPF n. 130

The present study aims to present and analyze the ruling of the Brazilian Supreme Court in ADPF 130 (Concentrated constitutional review action, Fundamental Precept Infringement, Argüição de Descumprimento de Preceito Fundamental), proposed by Partido Democrático Trabalhista (PDT), which contests the compatibility of statute 5.250/67 with the Federal Constitution of 1988. This work considers that the judicial ruling is different than the approach taken by the Legislative and Executive powers, arguing that there is, in the Judiciary, a peculiar way for ruling, surrounded by mysteries, rites, secrets, pomp and circunstances unintelligible to layman. To reach the proposed goal, Justice Carlos Brito´s report and opinion on ADPF 130 are analyzed. The choice of giving special attention to this opinion, which favors the declaration of unconstitutionality of the 5.250/67 statute, is justified in that it represents agreement with the allegation of disrespect to the constitutional text, as suggested by the Partido Democrático Trabalhista. The arguments put forth by the presiding Justice on his ruling will also be the object of consideration, as well as some possible consequences of the ruling.