Reincidência Criminal sob o Enfoque dos Processos Psicossociais

Este estudo teve como objetivo pesquisar a reincidência criminal por meio de três estudos exploratórios. No primeiro foi utilizado o Perfil do Detento no Estado de São Paulo, ano de 2003, documento elaborado pela Secretaria da Administração Penitenciaria, selecionando-se dele a população de 1.280 sujeitos do gênero masculino do Presídio Desembargador "Adriano Marrey" de Guarulhos. Foram encontradas prováveis associações à reincidência criminal nos seguintes fatores: idade, número de delitos cometidos e escolaridade. No segundo utilizou-se um levantamento aleatório, através do número de matrícula dos presos, que atingiu 11% dos 1.654 registrados e classificados em 2004. Os dados dos prontuários criminológicos dessa população carcerária, que foi de 182 sujeitos, foram comparados aos do primeiro estudo. Os resultados corroboraram tendências de associação entre idade, escolaridade, números de delitos e reincidência criminal. No terceiro estudo foram analisados 30 protocolos do Teste do Desenho da Figura Humana (DFH) aplicados em sentenciados do gênero masculino que tinham entre 18 e 35 anos de idade, condenados pelo artigo 157§2° do Código Penal Brasileiro (Assalto a Mão Armada), em regime inicialmente fechado. Esta investigação teve como objetivo conhecer as características de personalidade das pessoas que cometeram crimes. Encontraram-se alguns traços de personalidade que podem estar associados à criminalidade ou a reincidência.Não foram detectadas características psicóticas, mas perturbações e desvios na sexualidade, agressividade, imaturidade, dificuldade de elaboração de frustrações. Estes resultados podem alicerçar o uso das técnicas projetivas nas entrevistas de inclusão. Para tanto se propõe o uso do Desenho da Figura Humana de Machover (1949), com análise proposta por Lourenção Van Kolck (1984). Na discussão dos resultados e nas conclusão foram retomados os fatores que se apresentaram associados à reincidência e alguns temas que se mostraram de interesse para outras pesquisas no campo da psicologia criminal ou penitenciária. Pretendeu-se buscar subsídios que pudessem contribuir para a prevenção da reincidência, com base numa compreensão psicossocial do comportamento criminoso e sempre sob o enfoque da psicologia da saúde. As pessoas envolvidas na execução da pena deverão dar mais ênfase à entrevista de inclusão para cumprir o que determina a Lei de Execução Penal, executando o exame de classificação

1964 – Práticas jurídicas contra o crime político em Londrina

Este artigo traz uma análise preliminar de um processo-crime de motivação política estabelecido no contexto do embate pela “Revolução” em Londrina em 1964, o qual resultou em um rico corpus documental sobre os modos de compreensão daquela sociedade, em que, de parte a parte, representantes das instituições jurídico-policiais e indivíduos organizados em entidades tidas por subversivas confrontaram-se pela produção de um discurso que persuadisse sobre a verdade dos acontecimentos na defesa de uma sociedade democrática. A partir do momento em que foram recuperados como fontes, os conflitos pelo estabelecimento de uma “verdade” dos fatos nos processos-crime dizem respeito também ao processo de consolidação de uma memória histórica hegemônica sobre o regime militar. É nesse sentido que buscamos trazer novos elementos para uma discussão candente uma vez mais para a sociedade brasileira.

From Counter-terrorism to Criminal Justice: Transformation or Business as Usual?

The article explores the extent to which criminal justice in Northern Ireland has been reconstructed over the past fifteen years. The focus is on the framework provided in the Good Friday Agreement (1998) and the range of transition processes that followed. Post-Agreement Inquiries are reviewed and the findings demonstrate the institutional rigidities facing the transformation of criminal justice. While the ideologies and practices of counter-terrorism no longer dominate the business of criminal justice, the extent of change in terms of social representativeness, scale and expenditure is variable, with the prison service proving the least changed.

Realising Justice for victims before the International Criminal Court

The International Criminal Court (ICC) has been celebrated for its innovative victim provisions, which enable victims to participate in proceedings, avail of protection measures and assistance, and to claim reparations. The impetus for incorporating victim provisions within the ICC, came from victims’ dissatisfaction with the ad hoc tribunals in providing them with more meaningful and tangible justice.1 The International Criminal Tribunals for the former Yugoslavia and Rwanda (ICTY/R) only included victim protection measures, with no provisions for victims to participate in proceedings nor to claim reparations at them. Developments in domestic and international law, in particular human rights such as the 1985 UN Declaration on Justice for Victims and the UN Guidelines on Remedy and Reparations, and transitional justice mechanisms, such as truth commissions and reparations bodies, have helped to expand the notion of justice for international crimes to be more attuned to victims as key stakeholders in dealing with such crimes.

With the first convictions secured at the ICC and the victim participation and reparation regime taking form, it is worth evaluating the extent to which these innovative provisions have translated into justice for victims. The first part of this paper outlines what justice for victims of international crimes entails, drawing from victimology and human rights. The second section surveys the extent to which the ICC has incorporated justice for victims, in procedural and substantive terms, before concluding in looking beyond the Court to how state parties can complement the ICC in achieving justice for victims. This paper argues that while much progress has been made to institutionalise justice for victims within the Court, there is much more progress needed to evolve and develop justice for victims within the ICC to avoid dissatisfaction of past tribunals.

Meaningful and Effective? Considering Victims’ Interests Through Participation at the International Criminal Court

This article explores the role of victims in the criminal proceedings of the International Criminal Court and the extent to which their interests have impacted upon the ICC judges’ decision making in light of human rights law and victimological theorisation. The article begins by first outlining how victims’ interests can be considered in international criminal proceedings, before contrasting this role with the purpose of international criminal justice. The second part of the article examines victim participation within the ICC and how this has affected judicial decision making to assess its effectiveness. The contest between the rights of victims and the role of Prosecutor in determining the selection of charges and perpetrators is also examined in an effort to add to the current debate on victim participation at the ICC. The author finds that at the ICC, despite innovative victim provisions, victims’ interests have little impact on outcomes of the Court. The author argues that in order to ensure the Court is more responsive to victims understanding of justice it should give greater weight to their interests, which in turn is likely to improve their satisfaction with the ICC, as well as public confidence and legitimacy of the work of the Court.

Exploring the Influence of Reporting Delay on Criminal Justice Outcomes: Comparing Child and Adult Reporters of Childhood Sexual Abuse

Delay between disclosure and reporting child sexual abuse is common and has significant implications for the prosecution of such offenses. While we might expect the relationship to be a linear one with longer delay reducing the likelihood of prosecution, the present study confirms a more complex interaction. Utilizing data from 2,079 police records in Northern Ireland, the study investigated the impact of reporting delay on pretrial criminal justice outcomes for child and adult reporters of child sexual abuse. While teenagers were found to be the group most disadvantaged by reporting delay, increased delay actually appeared advantageous for some groups, notably adult females reporting offenses that occurred when they were 0 to 6 years old. Conversely, adult males reporting child sexual abuse did not appear to benefit from increased delay, suggesting both an adult and gender bias within decision-making processes. The implications for future research are discussed. 

Young People’s Offending Careers and Criminal Justice Contact: A Case for Social Justice

This article draws on an analysis of young people’s offending careers. The research was initiated against a backdrop of changing discourse around youth justice in Ireland with a shift towards prevention of offending and diversion from the criminal justice system. Locating crime and criminal justice contact within a biographical context indicated that participants’ offending, and lives generally, was bound up in marginalized transitions to adulthood, and embedded within social and economic environments characterized by high deprivation. The findings support a further shift in focus towards addressing social injustice as a necessary prerequisite to tackle the origins of youth offending.

Accountability for Forced Displacement in Democratic Republic of Congo and Uganda before the International Criminal Court

This article examines the challenges of investigating and prosecuting forced displacement in the Central African countries of Democratic Republic of Congo and Uganda, where higher loss of life was caused by forced displacement, than by any other. In the Democratic Republic of Congo, armed groups intentionally attacked civilian populations displacing them from their homes, to cut them off from food and medical supplies. In Northern Uganda, the government engaged in a forced displacement policy as part of its counter-insurgency against the Lord’s Resistance Army, driving the civilian population into “protected villages”, where at one point the weekly death toll was over 1,000 in these camps. This article critically evaluates how criminal responsibility can be established for forced displacement and alternative approaches to accountability through reparations.

A intervenção dos orgãos de polícia criminal em sede de julgamento

Currently, Portugal assumes itself as a democratic rule of substantive law State, sustained by a legal system seeking the right balance between the guarantee of fundamental rights and freedoms constitutional foreseen in Portugal’s Fundamental Law and criminal persecution. The architecture of the penal code lies with, roughly speaking, a accusatory basic structure, “deliberately attached to one of the most remarkable achievements of the civilizational democratic progress, and by obedience to the constitutional commandment”, in balance with the official investigation principle, valid both for the purpose of prosecution and trial. Regarding the principle of non self-incrimination - nemo tenetur se ipsum accusare, briefly defined as the defendant’s right of not being obliged to contribute to the self-incrimination, it should be stressed that there isn’t an explicit consecration in the Portuguese Constitution, being commonly accepted in an implicit constitutional prediction and deriving from other constitutional rights and principles, first and foremost, the meaning and scope of the concept of democratic rule of Law State, embedded in the Fundamental Law, and in the guidelines of the constitutional principles of human person dignity, freedom of action and the presumption of innocence. In any case, about the (in) applicability of the principle of the prohibition of self-incrimination to the Criminal Police Bodies in the trial hearing in Court, and sharing an idea of Guedes Valente, the truth is that the exercise of criminal action must tread a transparent path and non-compliant with methods to obtain evidence that violate the law, the public order or in violation of democratic principles and loyalty (Guedes Valente, 2013, p. 484). Within the framework of the penal process relating to the trial, which is assumed as the true phase of the process, the witness represents a relevant figure for the administration of criminal justice, for the testimonial proof is, in the idea of Othmar Jauernig, the worst proof of evidence, but also being the most frequent (Jauernig, 1998, p. 289). As coadjutant of the Public Prosecutor and, in specific cases, the investigating judge, the Criminal Police Bodies are invested with high responsibility, being "the arms and eyes of Judicial Authorities in pursuing the criminal investigation..." which has as ultimate goal the fulfillment of the Law pursuing the defense of society" (Guedes Valente, 2013, p. 485). It is in this context and as a witness that, throughout operational career, the Criminal Police Bodies are required to be at the trial hearing and clarify the Court with its view about the facts relating to occurrences of criminal context, thus contributing very significantly and, in some cases, decisively for the proper administration of the portuguese criminal justice. With regards to the intervention of Criminal Police Bodies in the trial hearing in Court, it’s important that they pay attention to a set of standards concerning the preparation of the testimony, the very provision of the testimony and, also, to its conclusion. Be emphasized that these guidelines may become crucial for the quality of the police testimony at the trial hearing, thus leading to an improvement of the enforcement of justice system. In this vein, while preparing the testimony, the Criminal Police Bodies must present itself in court with proper clothing, to read before and carefully the case files, to debate the facts being judged with other Criminal Police Bodies and prepare potential questions. Later, while giving his testimony during the trial, the Criminal Police Bodies must, summing up, to take the oath in a convincing manner, to feel comfortable, to start well by convincingly answering the first question, keep an attitude of serenity, to adopt an attitude of collaboration, to avoid the reading of documents, to demonstrate deference and seriousness before the judicial operators, to use simple and objective language, to adopt a fluent speech, to use nonverbal language correctly, to avoid spontaneity responding only to what is asked, to report only the truth, to avoid hesitations and contradictions, to be impartial and to maintain eye contact with the judge. Finally, at the conclusion of the testimony, the Criminal Police Bodies should rise in a smooth manner, avoiding to show relief, resentment or satisfaction, leaving a credible and professional image and, without much formality, requesting the judge permission to leave the courtroom. As final note, it’s important to stress that "The intervention of the Police Criminal Bodies in the trial hearing in Court” encloses itself on a theme of crucial importance not only for members of the Police and Security Forces, who must welcome this subject with the utmost seriousness and professionalism, but also for the proper administration of the criminal justice system in Portugal.

Ataque sexual infanto-juvenil doméstico: da revelação à responsabilização criminal do agressor

Pós-graduação em Psicologia - FCLAS

Sexuality in a criminal justice curriculum : a study of student conceptualisations of gay identity

Heteronormative discourses provide the most common lens through which sexuality is understood within university curricula. This means that sexuality is discussed in terms of categories of identity, with heterosexuality accorded primacy while all 'others' are indeed 'othered'. This article draws on research carried out by the authors in a core first year university ethics class, in which a fictional text was introduced with the intention of unpacking these discourses. An ethnographic study was undertaken where both students and teachers engaged in discussions over, and personal written reflections on, the textual content. In reporting the results of that study this article uses a post-structural framework to identify how classroom and textual discourses might be used to break down socially constructed categories of sexuality and students' conceptualisations of non-heterosexual behaviour. It was found that engaging in discussion in the context of the fictional text allowed some students to begin to recognise their own heteronormative views and engage in an informed critique of them.