Ordem social, Polícia Civil e justiça criminal na cidade de São Paulo (1889-1930)

The article aims to review the discussion on police role within institutional reform in São Paulo First Republic implementation. The main argument refers to the formation of brazilian judicial system and to the continuity of the debate on public policies reforms, administration of justice and police control over lower social classes, by means of a criminalization of the poverty. The judicial administration was reformed, but that opened space for police institutions to act without constraints. Despite theses changes, state institutions were also used by tradicional social elites in neo-patrimonial ways, allowing the maintenance of unlawful practices within the system.

O descumprimento da transação penal e suas consequencias à luz das finalidades de política criminal e da legitimação constitucional

Pós-graduação em Direito - FCHS

Human identification by means of conventional and digital Cheiloscopy: a study of the literature

One of the areas of human identification is Cheiloscopy, the name given to the study of the lips, their characteristics (such as thickness, position of the grooves and grooves) and the record of the impressions left by them. There are variations in the layout of the lines and fissures of the lips, which are unique to each individual, permanent and unchanging. The lip print rarely changes, enduring minor traumas such as inflammation or sores. In criminal investigations, lip prints, visible through the presence of lipstick, can be found on glasses, napkins, clothes, cigarettes, indicating a relationship between the subject and the scene of the crime. Latent impressions may be revealed employing specific chemicals such as powder of silver and aluminum nitrate. Although it is not a very common method, Cheiloscopy may become very useful in forensics due to the extensive amount of valuable information that it brings. The objective of this study was to review the literature on the use of Cheiloscopy in human identification, using traditional and digital methods. It was found that the literature is still in need of studies in this area. The advent of new digital technologies can facilitate the implementation of technical expertise, generating speed and objectivity. New research studies are necessary, especially in the development of digital methods. The application of Cheiloscopy can greatlyhelp with Law, in the identification of living suspects and dead individuals. In the end the benefit will fall to society as a whole.

Corrupção e política criminal: o processo legislativo e a realidade dos tribunais

Pós-graduação em Direito - FCHS

Amerindian anthropology and cultural psychology: Crossing boundaries and meeting otherness` worlds

Addressing integrative possibilities between psychology and anthropology, this paper aims to design conceptual linkages between semiotic-cultural constructivist psychology and the anthropological theory of Amerindian perspectivism. From the psychological view, it is the interdependence between the structural and processual dimensions of the personal culture that makes parallels with Amerindian perspectivism fruitful. This anthropological frame proposes an experiment with native conceptions, which I argue similar to what Baldwin (1906) called sembling. Hence, it can be considered an active imitation of otherness` viewpoint in order to approach indigenous worlds. It is supposed that this procedure leads to the emergence of new symbolic elements configuring the cultural action field of each agency in interaction. It is proposed that ""making-believe`` the Amerindian is convergent with the dialogic-hermeneutic approach of semiotic-cultural constructivism. As a result of the present integrative effort, is designed a meta-model that multiplies the genetic process of concrete symbolic objects.

Criminal career-related factors among female robbers in the State of Sao Paulo, Brazil, and a presumed 'revolving-door' situation

Introduction: Risk-taking behaviors, family criminality, poverty, and poor parenting have been frequently associated with an earlier onset of criminal activities and a longer criminal career among male convicts. Objective: This study aims to identify factors related to the onset and recurrence of criminal behavior among female robbers in the State of Sao Paulo - Brazil. Method: It was a cross-sectional study carried out inside a feminine penitentiary in Sao Paulo. From June 2006 to June 2010, 175 inmates convicted only for robbery were recruited to be evaluated about family antecedents of criminal conviction, alcohol and drug misuse, impulsiveness, depressive symptoms, and psychosocial features. Results: Having family antecedents of criminal conviction consistently predicted an earlier onset of criminal activities and a longer criminal career among female robbers. Drug use in youth and the severity of drug misuse were significantly related to the initiation and recurrence of criminal behavior, respectively. Discussion: Prisons must systematically screen detainees and provide treatments for those with health problems in general. Children of inmates should obtain help to modify the negative consequences of their parents' incarceration in order to mitigate the negative consequences of pursuing this 'static' factor.

A emergência da responsabilidade criminal individual no Sistema Interamericano de Direitos Humanos

Este artigo analisa a emergência e difusão da regra da responsabilidade criminal individual por violações de direitos humanos a partir da jurisprudência contenciosa da Corte Interamericana de Direitos Humanos. Tendo como referência as pesquisas de Kathryn Sikkink sobre justiça de transição, procura-se identificar a maneira como o Sistema Interamericano de Direitos Humanos vem expandindo o sentido da responsabilidade criminal individual e também sugerir a incompatibilidade com a proteção dos direitos humanos que esse novo modelo pode ter.

Reexamining the Role of Incarceration and Stigma in Criminal Law

One of the ways by which the legal system has responded to different sets of problems is the blurring of the traditional boundaries of criminal law, both procedural and substantive. This study aims to explore under what conditions does this trend lead to the improvement of society's welfare by focusing on two distinguishing sanctions in criminal law, incarceration and social stigma. In analyzing how incarceration affects the incentive to an individual to violate a legal standard, we considered the crucial role of the time constraint. This aspect has not been fully explored in the literature on law and economics, especially with respect to the analysis of the beneficiality of imposing either a fine or a prison term. We observed that that when individuals are heterogeneous with respect to wealth and wage income, and when the level of activity can be considered a normal good, only the middle wage and middle income groups can be adequately deterred by a fixed fines alone regime. The existing literature only considers the case of the very poor, deemed as judgment proof. However, since imprisonment is a socially costly way to deprive individuals of their time, other alternatives may be sought such as the imposition of discriminatory monetary fine, partial incapacitation and other alternative sanctions. According to traditional legal theory, the reason why criminal law is obeyed is not mainly due to the monetary sanctions but to the stigma arising from the community’s moral condemnation that accompanies conviction or merely suspicion. However, it is not sufficiently clear whether social stigma always accompanies a criminal conviction. We addressed this issue by identifying the circumstances wherein a criminal conviction carries an additional social stigma. Our results show that social stigma is seen to accompany a conviction under the following conditions: first, when the law coincides with the society's social norms; and second, when the prohibited act provides information on an unobservable attribute or trait of an individual -- crucial in establishing or maintaining social relationships beyond mere economic relationships. Thus, even if the social planner does not impose the social sanction directly, the impact of social stigma can still be influenced by the probability of conviction and the level of the monetary fine imposed as well as the varying degree of correlation between the legal standard violated and the social traits or attributes of the individual. In this respect, criminal law serves as an institution that facilitates cognitive efficiency in the process of imposing the social sanction to the extent that the rest of society is boundedly rational and use judgment heuristics. Paradoxically, using criminal law in order to invoke stigma for the violation of a legal standard may also serve to undermine its strength. To sum, the results of our analysis reveal that the scope of criminal law is narrow both for the purposes of deterrence and cognitive efficiency. While there are certain conditions where the enforcement of criminal law may lead to an increase in social welfare, particularly with respect to incarceration and stigma, we have also identified the channels through which they could affect behavior. Since such mechanisms can be replicated in less costly ways, society should first try or seek to employ these legal institutions before turning to criminal law as a last resort.

Anthropology in the twenty-first century : a view of, and from, Germany

The article explores the developments in German-language anthropology in the past decades, focussing on the period after the 1970s. It argues that the recent history of German-language Ethnologie (social and cultural anthropology) is one of catching-up modernization. German-speaking anthropologists are increasingly involved in, and contribute to, broader theoretical debates, publish in English and in international journals, and are actively engaged in international academic networks. The paper discusses how and under what conditions of knowledge production these transformations have taken place. It analyses the changing institutional environment in which German anthropologists have worked and work today, as well as the theoretical impulses from within and outside the discipline that have given rise to the contemporary orientation of German-language anthropology as an anthropology of the 'present'. Finally, and beyond the focus on Germany, the article offers some ideas on the future of anthropology as a symmetrical social science, characterized by a continued strong reliance on field work and a high level of 'worldliness', a basic attitude of systematically shifting perspectives, the critical reflection of the social and political embeddedness of knowledge production, and an engagement with social theory across disciplinary boundaries.

Criminal Justice. Ed. by Phyllis Gerstenfeld. Pasadena, Calif.: Salem, 2006.

Frazier reviews Criminal Justice edited by Phyllis Gerstenfeld.