426 resultados para ADMINISTRACION DE JUSTICIA PENAL - CHILE


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Copper levels of nearly 500 mg l(-1) were measured in aqueous extracts of soil and sediment samples from the lowlands of Antofagasta. Arsenic levels of up to 183 mg l(-1) were found in river sediments, and 27.5 mg l(-1) arsenic was found at the location of a dam where potable water is extracted. This indicates that the arsenic contamination of water supplies reported recently for the pre-Andes may be a widespread problem throughout the region. Copper contamination from smelting activities also provides cause for concern as elevated levels were found in aqueous extracts of soil up to 20 km away from a smelter. This study went beyond traditional chemical analysis by assessing the potential benefits of using microbial biosensors as an alternative to determination of chemical speciation, to provide an environmentally relevant interpretation of soil/sediment residue levels. This approach is simple to use and enables a rapid, low cost assessment of pollutant bioavailability. It may, therefore, be of use for further investigations in the region and beyond.

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s-Triazine herbicides are used extensively in South America in agriculture and forestry. In this study, a bacterium designated as strain MHP41, capable of degrading simazine and atrazine, was isolated from agricultural soil in the Quillota valley, central Chile. Strain MHP41 is able to grow in minimal medium, using simazine as the sole nitrogen source. In this medium, the bacterium exhibited a growth rate of mu = 0.10 h(-1), yielding a high biomass of 4.2 x 10(8) CFU mL(-1). Resting cells of strain MHP41 degrade more than 80% of simazine within 60 min. The atzA, atzB, atzC, atzD, atzE and atzF genes encoding the enzymes of the simazine upper and lower pathways were detected in strain MHP41. The motile Gram-negative bacterium was identified as a Pseudomonas sp., based on the Biolog microplate system and comparative sequence analyses of the 16S rRNA gene. Amplified ribosomal DNA restriction analysis allowed the differentiation of strain MHP41 from Pseudomonas sp. ADP. The comparative 16S rRNA gene sequence analyses suggested that strain MHP41 is closely related to Pseudomonas nitroreducens and Pseudomonas multiresinovorans. This is the first s-triazine-degrading bacterium isolated in South America. Strain MHP41 is a potential biocatalyst for the remediation of s-triazine-contaminated environments.

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Several recent articles have reached different conclusions regarding the impact of the religious–secular cleavage in Chile. The resolution of this debate has important consequences for the understanding of cleavages. Studies subscribing to the view that parties have considerable agency in the maintenance of cleavages have found that religiosity no longer affects vote choice, while studies rooted in a sociological perspective argue that religiosity still matters. We show that the reason for the discrepant results is because a partisan realignment is underway, whereby religious voters are gradually shifting their loyalties from the parties of the left to the parties of the right, matching a division that has taken place at the elite level. These results are consistent with an issue evolution perspective, which provides a clearer articulation of how cleavages form than either the agency or the sociological approaches.

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Article 3 of the European Convention on Human Rights (ECHR), which provides that ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’, is considered to enshrine an absolute right. Yet it contains an under-explored element: inhuman and degrading punishment. While torture has been the subject of extensive academic commentary, and inhuman and degrading treatment has been examined to some extent, the prohibition of inhuman and degrading punishment has not been explored in significant depth, in spite of its considerable potential to alter the penal landscape.

This paper elucidates the key doctrinal elements of inhuman and degrading punishment ‘and treatment associated with it’, in the words of the European Court of Human Rights (ECtHR). It addresses a number of ‘puzzles’ or problems which arise in applying the absolute right enshrined in Article 3 of the ECHR to sentencing and imprisonment, clarifies ECtHR doctrine and highlights some of its key implications. Bringing a theoretically informed understanding to bear on the application of Article 3 of the ECHR in a penal context, the paper provides clarity and coherence to a complex and crucial intersection between human rights and penology.

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Esta investigación tiene como objetivo aprehender y analizar las representaciones sociales sobre la depresión elaboradas por los habitantes del barrio La Legua en Santiago de Chile. Participaron en esta investigación 200 habitantes del barrio La Legua, de ambos sexos, mayores de 18 años. Los dispositivos de recogida de datos fueron el Cuestionario de Asociación Libre de Palabras y el Inventario de Depresión de Beck BDI-II. Los datos obtenidos por el cuestionario fueron tratados por medio de los software Evoc, Simi y Tri-Deux y analizados de acuerdo al abordaje estructural de las representaciones sociales y análisis factorial de correspondecia (AFC). Los datos obtenidos por medio del BDI-II fueron procesados a través del software SPSS. En las conclusiones se problematiza la relación entre los distintos factores asociados a la depresión en el contexto particular de La Legua y las representaciones sociales construidas por sus habitantes. Se observó que los elementos de mayor consensualidad fueron tristeza, angustia, problemas y enfermedad. Las divergencias fueron moderadas. Se percibe que para los habitantes del barrio La Legua la depresión está fuertemente asociada a la esfera afectiva, pero se infiere que también es el resultado de la complejidad del entorno social; RESUMO: Esta pesquisa teve como objectivo principal apreender e analisar as representações sociais da depressão desenvolvidas pelos habitantes do bairro La Legua no Santiago de Chile. Participaram na pesquisa 200 habitantes do bairro, de ambos os sexos, com mais de 18 anos. A recolha de dados foi feita através de questionário, utilizando a Técnica de Associação Livre de Palavras e Beck Depression Inventory BDI-II. Os dados obtidos por associação livre de palavras foram tratados usando software Evoc, Simi e Tri-Deux e analisados segundo a abordagem estrutural das representações sociais e análise fatorial de correspondência (AFC). Os dados obtidos pelo BDI-II foram processados através do software SPSS. As conclusões questionam a relação entre os diferentes factores associados à depressão no contexto particular do bairro La Legua e as representações sociais desenvolvidas pelos seus habitantes. Observou-se que os elementos de maior consensualidade foram a tristeza, a angústia, os problemas e a doença. As divergências encontradas foram moderadas. Percebe-se que para os habitantes do bairro La Legua a depressão está fortemente associada à esfera afectiva mas infere-se igualmente que também resulta da complexidade do meio social; ABSTRACT: This research aims to understand and analyze social representations of depression held by inhabitants of La Legua neighborhood in Santiago, Chile. A total of 200 inhabitants, of both genders older than 18 years of age participated in the study. The instruments used were: Free Technique of Word Association and Beck Depression Inventory BDI-II. The data obtained by the free technique of word association were processed using software Evoc, Simi and Tri-Deux and analyzed through the structural perspective of the social representations and the factorial analysis of correspondence (AFC). The data obtained by the BDI-II were processed using software SPSS. In conclusion, the discussion is about the association of the different factors of depression in this specific context and the social representations elaborated by the inhabitants of La Legua neighborhood. It was observed that the most consensuality elements were sadness, anxiety, problems and disease. The differences were moderate. It is perceived that for inhabitants of La Legua neighborhood depression is strongly associated with the affective sphere, but it appears that it is also the result of the complexity of the social environment.

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No primeiro capítulo exploro a noção de tentativa jurídico-penal no ordenamento jurídico português e a noção de acaso moral, recorrendo na primeira parte a legislação e a doutrina; na segunda a argumentos filosóficos e jurídicos. No segundo capítulo defendo a inaplicabilidade do acaso moral à tentativa jurídico-penal. Esta tese fundamenta-se em argumentos filosóficos e jurídicos, procurando espelhar uma ligação intrínseca entre eles. A conclusão pretende sustentar uma posição ancorada na teorização da tentativa.

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Recordings and photographs obtained by private individuals can be two of the most relevant evidences in helping finding the truth; however, they can also conflict with fundamental rights such as privacy, spoken word or image of the targets. It is not enough that only the violation of the right to privacy is withdrawn because rights to spoken word or image, unattached from the first one, show up independently as the main violated rights and are criminally protected in article 199º of the criminal code. Its use as evidence is, on a first moment, dependent on the private's conduct lawfulness, as it is stated in article 167º of the criminal procedure code. In order to consider its lawfulness, and accept its use as evidence, portuguese higher courts have been defending constructions mostly based on legal causes of defense. Although agreeing with a more flexible position of weighing all the interests at stake instead of denying its use as evidence, we believe notwithstanding that some of these solutions are misleading and shall not be spared from critics. Lastly, even if we reach a positive conclusion about the lawfulness of obtaining and using recordings and photogtaphs carried out to court by private individuals, they must not be however automatically admitted as evidence, still being necessary to proceed to a separate weighting, within the criminal procedure and its own legal rules, about their real purposes in the case.

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In the present thesis, we examine the approach to the so-called “informal conversations”, especially between a suspect or defendant and criminal police authorities. Our goal is to understand if criminal police authorities are allowed to testify about the content of these conversations, revealing facts that the suspect or defendant may have shared with them, as well as about evidence that they may have acquired through these statements. Firstly, we briefly present the notion of “informal conversations” and the great variety of situations they may encompass: intra or extra-procedural; prior or subsequent to someone acquires the status of defendant. Secondly, we analyse some of the principles and rules that are involved in this controversial issue: principles concerning the procedural structure, organization and dynamic; principles concerning the production and assessment of evidence in the trial hearing; principles concerning the prosecution and the powers of criminal police authorities; the procedural status of the defendant; the rules concerning the reading of statements in the trial hearing; the rules concerning hearsay testimonies. Thirdly, we go through the great amount of case law on the so-called “informal conversations” and related matters, analysing the most relevant cases and the arguments that sustain them, as well as the legal literature. Our goal is to understand the evolution, throughout the last two decades, of the different opinions regarding the approach to the various situations in which “informal conversations” may occur and in which the admissibility of a testimony by criminal police authorities is questioned. Finally, we defend a different approach for testimonies by criminal police authorities prior and subsequent to someone acquiring the status of defendant. We see the moment when someone acquires the status of defendant as a border area in the admissibility of “informal conversations”, because from then on the statements have to be collected and assessed according to the law, so all the other conversations (or any other evidence) collected informally are irrelevant. As to the specific case of the testimony about the re-enactment of the crime, given the high degree of difficulty in separating the defendant’s contributions that may be considered essential and those that may be considered less useful, but still relevant, we support the qualification of the defendant’s contributions as inseparable from the re-enactment, allowing it to be replicated and assessed in the trial hearing with no restrictions.