917 resultados para Application of Criminal Law principles by Brazilian judiciary


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Este artigo busca analisar o princípio da insignificância em matéria penal, e refletir acerca da melhor forma de operacionalizá-lo dogmaticamente. Após uma introdução que trata brevemente do contexto do surgimento desse princípio, o texto apresenta as principais concepções utilizadas pela doutrina e pela jurisprudência nacionais para aplicá-lo, com o objetivo de refletir sobre as vantagens e desvantagens sistemáticas e político-criminais inscritas em cada uma delas. Nesse plano, o artigo problematiza a principal formulação defendida pela doutrina nacional - segundo a qual a insignificância constitui espécie de cláusula de exclusão da "tipicidade material" da conduta analisada -, sugerindo que essa concepção pode estar na base de sérios equívocos cometidos por nossos tribunais no momento de definir se uma conduta é ou não penalmente insignificante. Ao final, o texto aponta os contornos gerais de uma formulação dogmática mais adequada para esse princípio, visando suprir as diversas dificuldades advindas da adoção da concepção majoritária sobre a matéria no Brasil.

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Aspires to engage students in the criminal law in Queensland and Western Australia by explaining and applying its fundamental principles. In both these jurisdictions the criminal law stems from the Griffith Code, which was enacted in 1899 in Queensland and in 1913 in Western Australia.

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Traditional approaches to teaching criminal law in Australian law schools include lectures that focus on the transmission of abstracted and decontextualised knowledge, with content often prioritised at the expense of depth. This paper discusses The Sapphire Vortex, a blended learning environment that combines a suite of on-line modules using Second Life machinima to depict a narrative involving a series of criminal offences and the ensuing courtroom proceedings, expert commentary by practising lawyers and class discussions.

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From the Introduction. In the academic year 1991-1992, Utrecht University, on my initiative, started to offer courses in European criminal law. This initiative came at a symbolic moment, just prior to the entry into force of the EU Treaty of Maastricht1 and the outlining of European policy in the areas of Justice and Home Affairs (JHA). The Director of the Legal Department, Paul DEMARET, was aware of the significance of this development and I have been given the opportunity to teach this subject at the College of Europe since 1995. Since then, JHA has evolved into one of the main areas of EU legislation. Now we are again on the threshold of an important historical feat. In June 2003, the European Convention reached agreement concerning a draft Treaty establishing a Constitution for Europe.2 The use of the term “Constitution” for the future EU Treaty is not simply cosmetic. The realisation has dawned that EU integration must be embedded in a treaty document which also regulates the rights and duties of citizens, not just with respect to European citizenship, but also with respect to, for example, Justice. Where JHA is concerned, this result acknowledges that the harmonisation of criminal law and criminal procedure and transnational cooperation cannot preclude the harmonisation of principles of due law and fair trial. Despite the substantial Europeanisation of criminal law, many criminal lawyers are defending the achievements and typicalities of their national criminal law like never before. EU initiatives are assessed from the perspective of the national agenda and national achievements. We are still too far removed from a European criminal law policy that is both European and enjoys national support. The core issue is therefore not how to keep our criminal (procedural) law national and free from European influences, but rather how to ensure democratic decision making, the quality of the constitutional state and the guarantees of criminal law in a national administrative model which has to operate increasingly interactively within a European and international context. In this contribution, the contours of the Europeanisation of criminal law are outlined and analysed. First, attention will be paid to the EC and, second, to the JHA. Following this, an evaluation and a look ahead at the current IGC are indicated.

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Book review: Heidelberg, Dordrecht, London, and New York, Springer, 2010, 189 pp., £93.55 (hardcover), ISBN 978-3-642-04330-7, e-ISBN 978-3-642-04331-4

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There are various principles for layout design such as balance, rhythm, unity and harmony, but each principle has often been introduced as a separate concept rather than within an integrated and systematic structure, so that designers and design students have to keep practices for the acquisition of skills. The paper seeks to develop a conceptual framework for a systematic mapping of layout design principles by using Yin and Yang and the Five Elements. Yin and Yang theory explains all natural phenomena with its own conceptual model and facilitates finding harmony and balance between the visual elements in terms of systematic and organic relations. Most common and well-known layout design principles are defined with 10 different resources such as design books and articles, and have been remapped following with the structure of Yin and Yang and the Five Elements. A systematic framework explaining the relationships of design principles was created and 32 design students participated in its efficiency test. The outcome suggests there is a high possibility that the framework can be used in professional fields and design education.

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This study highlights how heuristic evaluation as a usability evaluation method can feed into current building design practice to conform to universal design principles. It provides a definition of universal usability that is applicable to an architectural design context. It takes the seven universal design principles as a set of heuristics and applies an iterative sequence of heuristic evaluation in a shopping mall, aiming to achieve a cost-effective evaluation process. The evaluation was composed of three consecutive sessions. First, five evaluators from different professions were interviewed regarding the construction drawings in terms of universal design principles. Then, each evaluator was asked to perform the predefined task scenarios. In subsequent interviews, the evaluators were asked to re-analyze the construction drawings. The results showed that heuristic evaluation could successfully integrate universal usability into current building design practice in two ways: (i) it promoted an iterative evaluation process combined with multi-sessions rather than relying on one evaluator and on one evaluation session to find the maximum number of usability problems, and (ii) it highlighted the necessity of an interdisciplinary ad hoc committee regarding the heuristic abilities of each profession. A multi-session and interdisciplinary heuristic evaluation method can save both the project budget and the required time, while ensuring a reduced error rate for the universal usage of the built environments.

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This gives a summary of criminal records disposition by type.

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Reprinted with permission of the Publisher from The Canadian Yearbook of Internation Law, 41 by Don McRae © University of British Columbia Press 2003. All rights reserved.