Navegando por Assunto "Integridade"

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Acesso aberto (Open Access)
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)
A importância do processo de aplicação do Compliance como ferramenta estratégica na gestão de uma organização do terceiro setor
(Universidade Federal do Pará, 2021-06-11) MELO, Maria Lidelmar Carvalho de; LEITE, Jandecy Cabral; http://lattes.cnpq.br/7279183940171317
Adequacy of integrity models that meet the rules that respect the current legislation has become fundamental in the management of organizations as a strategic form, mainly in entities with public and non-profit purposes, in a non-governmental scope. Therefore, the objective is to implement a model for the application of the compliance program in a Third Sector institution. In this way, the present study can be considered in an exploratory, applied and qualitative way, in two aspects, bibliographic research and case study, the data collection was through a meeting and interview with the company's professionals, reporting on the importance of the theme. The results showed the main tools and compliance mechanism, proposing actions that can be used in practice with the purpose of providing a broad view of the functioning of the proposed model, with transparency and ethics, thus increasing the competitiveness of the business.
Acesso aberto (Open Access)
O tribunal deve manter a sua jurisprudência íntegra, e agora?: a integridade dos precedentes como garantia do direito fundamental de acesso à justiça a partir do Supremo Tribunal Federal
(Universidade Federal do Pará, 2022-08-23) HOMCI, Arthur Laércio; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; https://orcid.org/0000-0002-2104-2889
The objective of the present study is to answer the following question: can the obligation of the jurisprudence integrity attributed to Brazilian courts may contribute to the guarantee of the fundamental right of access to justice? The central hypothesis of the research is that one of the elements able to guarantee the fundamental right of access to justice is the performance of the Brazilian courts from the observance of the integrity of their jurisprudence, according to the precedental jurisdiction that is long for in Brazil. The research is justified, as we still lack an investigation that applies the legal value of integrity as a possible solution to the problems of our community regarding access to justice. To reach the general objective, four chapters are elaborated, each one corresponding to a specific objective of study. In the first chapter, we demonstrate how the precedent movement is happening in Brazilian law, stating that our tradition, historically more identified with the civil law tradition, does not constitute an impediment for this movement, but imposes several challenges to the consolidation of law in a precedent perspective. In the second chapter, we expose how the Brazilian normative system is regulating the application of binding precedents, especially from the 2015 CPC, passing by some basic concepts of the precedent theory, and we analyze how society participates in the formation of binding precedents. In the third chapter, we investigate the role of integrity in this scenario, we seek to justify the insertion of the expression “integrity jurisprudence” in the wording of article 926 of the Civil Procedure Code, and we sustain that Ronald Dworkin's theory of law as integrity can be a form of interpreting the meaning of this expression and its importance to our legal system. In the last chapter, we established two objectives: to expose the faces of access to justice in contemporary jurisdiction, and to assess whether the Federal Supreme Court, particularly in trials involving issues related to access to justice, considers the principle of integrity as a relevant value to our legal system. In conclusion, we discourse how the Supreme Court practice should be a relevant guide to the performance of all Brazilian judges and courts. The research transits among deductive methods, from the bibliographic analysis of the authors studied, and inductive methods, based on the analysis of the STF precedents and its concrete application. The objective of the methodology used is to accomplish a scientific research, seeking in the theory of law, in the theory of precedents and in practical experiences, the answers to the presented problem.