DSpace Collection:http://hdl.handle.net/11624/1652024-03-21T13:53:23Z2024-03-21T13:53:23ZA regulação dos tratados internacionais sobre os refugiados : uma análise dos aspectos protetivos na legislação brasileira.Reck, Ana Luiza de Castrohttp://hdl.handle.net/11624/37722024-03-18T16:30:09Z2023-01-01T00:00:00ZTitle: A regulação dos tratados internacionais sobre os refugiados : uma análise dos aspectos protetivos na legislação brasileira.
Authors: Reck, Ana Luiza de Castro
Abstract: This work aims to carry out an analysis of Brazilian legislation regarding refugees, mainly its protective aspects on the recognition of refugee status, withdrawal, cessation and loss of refugee status, in addition to exploring durable solutions. To this end, national laws relating to the topic will be addressed, in chronological form, from the already repealed law nº 6,815/1980 to those still in force, such as law nº 9,474/1997 and law nº 13,445/2017. A brief historical observation will also be made of the evolution of legal aspects related to the international scope, such as treaties, conventions and multilateral agreements. The aim is to point out possible points to be improved in national legislation, as the issue of refuge continues to be one of the most pressing in the global reality, where the number of refugees continues to be alarming. To this end, the methodology used will be the bibliographic review of scientific articles, academic productions, books and national and international legislation relevant to the topic.2023-01-01T00:00:00ZA impossibilidade de desclassificação do crime de estupro de vulnerável sob a ótica da proporcionalidade.Ehlers, Nicolas Roberto Souzahttp://hdl.handle.net/11624/37702024-03-15T12:30:49Z2023-01-01T00:00:00ZTitle: A impossibilidade de desclassificação do crime de estupro de vulnerável sob a ótica da proporcionalidade.
Authors: Ehlers, Nicolas Roberto Souza
Abstract: This monographic research proposes the study of the predominant understanding of the Superior Court of Justice (STJ) and the Federal Supreme Court (STF) in relation to the impossibility of declassifying the crime of rape of a vulnerable person, as provided for in article 217-A of the Penal Code, for the crime of sexual importation, provided for in article 215-A of the same code, when the ac tis not more serious. In this sense, the central is understood by souch na understanding that can be considered na affront to the principles os proportionality of the sentence. Thus, the analysis of the conduct included in the crime of rape against a vulnerable person justified the emergence of the insertion of article 215-A in the Penal Code trough Law 13.718/2018 which classified crimes against sexual dignity as na intermediate crime, in order to consider the creation of debates on the possibility of declassifying crimes involving libidinous acts other than carnal intercourse with children under 14 years of age, given the lesser severity in relation to the crime of rape of a vulnarable person and the corresponding penalty. Therefore, the presente research proposes as a specific objective, to examine the grounds used by the Courts in a majority manner regarding the impossibility of declassification thus pacified by jurisprudence, especially with regard to the proportionality of the penalty. Based on the problem identified in the question that in several cases the legal interest to be protected differs for the most part, both in doctrine and in jurisprudence, it arises from the presumption of the vulnerability of the victim under 14 years of age, which, according to some arguments, would prevent disqualification even in cases of less offensive potential. The research method adopted is deductive, involving bibliographic, legislative and jurisprudential analysis. The study is justified by the legal relevance of the topic, wich involves constitucional principles and criminal guarantees. The research aims to contribute to the debate and clarification os this controversial is directly impacting the interpretation and application of criminal law related to sexual crimes against vulnerable people.2023-01-01T00:00:00ZO tratamento pré-processual do superendividamento : o projeto de extensão da Universidade de Santa Cruz do Sul em parceria com o Tribunal de Justiça do Rio Grande do Sul.Vogt, Andriéle Kappelhttp://hdl.handle.net/11624/37352024-03-01T13:29:29Z2023-01-01T00:00:00ZTitle: O tratamento pré-processual do superendividamento : o projeto de extensão da Universidade de Santa Cruz do Sul em parceria com o Tribunal de Justiça do Rio Grande do Sul.
Authors: Vogt, Andriéle Kappel
Abstract: The present study focuses on the topic of over-indebtedness and with the objective purpose of analyzing the pre-procedural treatment project implemented in the District of Santa Cruz do Sul. In these terms, the question is how to implement the project before the Court of Justice and the contributing factor to the over-indebted consumer. For this, the deductive method of bibliographic nature, research and analysis of articles and current laws was adopted. Therefore, we sought to understand the profiles of consumers and the consequences that lead them to end up in situations of over indebtedness, also, to understand the possibilities of renegotiating debts between creditor and debtor, pointing out the procedural legal attitudes applicable to cases of indebtedness, as well as how to analyze what the Over-Indebtedness Law brings to the realization of basic consumer rights through procedural tools, which aim to guarantee consumers new ways of paying their debts without causing the debtor to compromise their own subsistence, through a plan of payment satisfying the creditor.2023-01-01T00:00:00ZA aplicabilidade do Instituto da Mediação Penal nos crimes de violência doméstica e familiar contra a mulher.Moisés, Camily Raíssahttp://hdl.handle.net/11624/37342024-03-01T13:14:57Z2023-01-01T00:00:00ZTitle: A aplicabilidade do Instituto da Mediação Penal nos crimes de violência doméstica e familiar contra a mulher.
Authors: Moisés, Camily Raíssa
Abstract: The current term paper subjects the applicability of the mediation institute of conflicts in crimes involving domestic and familiar violence against women and aims to analize the possibility of restorative practices implementation, especially in criminal mediation, as much as public policy of facing gender violence. In these terms, we wonder: the implementation of mediation of victim-offender as instrument of restorative justice would be a possible alternative in crimes involving domestic and familiar violence against women? As a constructing mechanism of this term paper is used the deductive method. The study of the subject is of fundamental importance, regarding the huge potential that restorative practices shows whilst public policy instruments of preventing gender violence. In this way, considering the high rate of committed crimes in the domestic and familiar scope, it is important the study of alternative ways to traditional punishing managed by the state through creating environment that allows parties involved a better comprehension of their role as conflict pacifiers in search of violence reproduction chain interruption.2023-01-01T00:00:00Z