HOME PREVENTIVE PRISON AND ITS EXCEPTIONS: WOMEN'S OR CHILD'S RIGHT? ARTS. 318 AND 318-A OF THE BRAZILIAN CRIMINAL PROCEDURE CODE
This article aims to analyze the institute of preventive house arrest andthe recent legal and jurisprudential changes on the subject in Brazil. Forthis, it will be presented how the process that promoted the inversion inthe interpretation for the granting or not of thebenefit under study.Within the...
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| Principais autores: | , |
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| Formato: | Online |
| Idioma: | por |
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Portal de Periódicos Eletrônicos da UFRN
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| Endereço do item: | https://periodicos.ufrn.br/transgressoes/article/view/21768 |
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| Resumo: | This article aims to analyze the institute of preventive house arrest andthe recent legal and jurisprudential changes on the subject in Brazil. Forthis, it will be presented how the process that promoted the inversion inthe interpretation for the granting or not of thebenefit under study.Within the interpretative evolution, it is intended to present that this isa necessary right, although there are certain requirements for itsconcession. In addition, it addresses the fact that mothers or guardiansof children or disabled people are the direct beneficiaries of themeasure, but it is the vulnerable ones that must be effectivelysafeguarded. Thus, in the end, it will be demonstrated that there areexceptions to the right under analysis, but always with the objective ofpreserving the rights of the child or the disabled. |
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