Banca de DEFESA: MOISÉS VICTOR PESSOA SANTIAGO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : MOISÉS VICTOR PESSOA SANTIAGO
DATA : 16/12/2020
HORA: 09:00
LOCAL: Sala Virtual no endereço https://us02web.zoom.us/j/83803709942
TÍTULO:

Overview of jurisdictional action in domestic violence cases in Porto Velho based on the reasonable duration of the process.

 

PALAVRAS-CHAVES:

Domestic violence. Maria da Penha Law. Reasonable duration of the process.

PÁGINAS: 110
GRANDE ÁREA: Ciências Sociais e Aplicadas
ÁREA: Direito
RESUMO:

After the edition of the Maria da Penha Law, specific courts were created to judge criminal actions involving domestic violence. More than ten years later of validity of the law, the gap created by the scarcity of research with an empirical aspect in the subject raised the need for the matter to be analyzed with the depth and criteria that scientific research imposes. Allied to this issue is the discussion about what is the duration of a judicial process in a reasonable time, generating the question about how such constitutionally provided for law should be understood. The proposed objective was to describe the management of criminal acts of domestic violence against women in Porto Velho from the perspective of human rights and the reasonable duration of the process. Therefore, four hundred criminal cases judged with merit, in 2018, in the Rondônia Capital Court, were analyzed in order to verify whether there is a delay in the judicial delivery. Data were also collected regarding the types of sentence in order to detect possible impacts of time under the design of the processes. The results demonstrate non-observance of the procedural deadlines, be it in the actions with the defendant arrested or released, both in the police phase and in the judicial phase, even in the processes considered newer, that is, those that processed faster. It was also identified that the longer these actions last, the greater the probability of absolute judgments due to insufficient evidence, and that the absence of the victim's testimony contributes to the delivery of this specific type of sentence. It is believed that the observance of the reasonable duration of the process in the criminal actions of domestic violence is a necessary measure. Lastly two initiatives were proposed: the use of a label to assist in the control of deadlines and the draft of an internal ordinance to establish routines for monitoring procedural deadlines, optimizing flows and document models.

 

 

MEMBROS DA BANCA:
Interno - 396810 - OSMAR SIENA
Interno - 1671367 - PATRICIA MARA CABRAL DE VASCONCELLOS
Externo à Instituição - ADRIANA RAMOS DE MELLO - NENHUMA