Navegando por Autor "BRITO, Michelle Barbosa de"

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Delação premiada e decisão penal: de um modelo eficientista a um modelo de integridade
(Universidade Federal do Pará, 2013) BRITO, Michelle Barbosa de; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577
This work studies the plea bargaining in Brazilian law, with a focus on criminal justice that addresses the institute. The further examination of the elements that contributed to the introduction and expansion of plea bargaining in the current legislation reveals that it is a legal mechanism that, notwithstanding its inquisitorial, has been used to meet one of the guidelines imposed by the neoliberal environment installed in contemporary societies: the pursuit of efficiency in all forms of State action, even in adjudication. To exalt the "good" consequences of the institute, its benefits for combating crime, as well as lower costs for research and production probative, which demonstrates a pragmatic conception of law, in which fundamental rights considerations do not occupy any position privileged. The empirical research has examined the judicial approach taken by the High Courts and the Courts of Justice of the State Institute of plea bargaining, indicating the presence speechwriter judged on efficiency and the absence of discourses on the fundamental rights of the accused, either snitch, be denounced. Regarding plea bargaining before the finding of a jurisdictional action guided by a model efficientist, it is questionable whether such a model fits the paradigms set by the Constitution of 1988, notably with regard to the principles noble to the adversarial system. The analysis of the problem presented is performed based on the theoretical framework derived from the conception of law as integrity and Ronald Dworkin aims to propose an alternative way criminal justice efficientist the model, in which the first commitment is to the realization of fundamental rights.
Acesso aberto (Open Access)
Reinvenções e permanências do sistema penal brasileiro: a criminalização dos grupos de poder como novo marco de renovação e fortalecimento do controle punitivo
(Universidade Federal do Pará, 2018-12-03) BRITO, Michelle Barbosa de; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
In recent years, the Brazilian criminal justice system has witnessed a movement focused on changing, or expanding, the trend of punitive agencies to punish subjects targeted by their actions. Criminalization processes have been intensified towards subjects whose positions were historically untouched by the punitive justice and, mainly, by the prison system. Such intensification process highlights the need of analyzing and investigating an alleged change in the understanding about the (undeclared) role played by criminal law as instrument used to socially exclude and neutralize unwanted groups. Based on the criminological-critical perspective, we collected and analyzed data about the actions taken by agents participating in control instances involved in the secondary criminalization of people who, despite their political and/or economic power, have been targeted by the punitive justice power for committing white-collar crimes. Factors contributing to the social construction of “criminality” were also analyzed, with emphasis to aspects associated with the public perception about the criminal matter, with the media, with criminal policies, as well as with social, political and economic contexts. The present research enabled reading and understanding about the aforementioned problem by taking into consideration elements of historically-based punitive endeavors. It was possible concluding that the movement witnessed in recent years towards the increased criminalization of individuals who hold political and/or economic power, and commit white-collar crimes, does not represent a punitive turning-point that tends to equal the incidence of criminal interventions. On the contrary, it integrates the logic that has outlined the exercise of punitive power, which was reinvented to suit the criminalized-subject conditions and the contemporary context.