Mestrado em Ciências Penais (FD)
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Item Procedibilidade penal nos crimes contra a ordem tributária praticados por particulares(Universidade Federal de Goiás, 2004-08-13) Luz, Juslene Maria da; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Santos, Nivaldo dos; Baraúna, Augusto Cezar Ferreira de; Costa, Eliane RomeiroThe subject of study this thesis is criminal proceedings by to commit crime don't pay offtax, definite on first and second article of 8.137 law, 27 december 1990. ln scientific investigation went used the bibliographical and documental research and method to interpret the rules according to Brazil Federative Republic Constitution to contribute for an improvement of the National Punitive Power Control Sustem. There are relevants questions connected at the tax constitution administrative lawsuit, criminal responsability and jail penalty that must be study so that to impede violation at constitutional rights and guarantees.Item Da captação de imagens como prova no processo penal(Universidade Federal de Goiás, 2004-03-02) Anyfantis, Spiridon Nicofotis; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Santos, Nivaldo dos; Castilho, Ela Wiecko Wolkmer de; Barbosa, Licínio LealIt concerns an essay about the evidences in the penal procedure and its way of production by means of image captation and recordings, whether by hidden cameras or safety ones. It´s composed of five chapters which analyses, respectively, the penal evidence in its particularities and afterwards, the theme of the illegal evidences making, inclusively, a counterpoint between proof illicitness and the proportionateness principle. It still studies the theme of exceptions to the theory of illegal proofs – named by argentinean and spanish exception of the exclusionary rule. They´re studied, briefly, intimacy aspects and individual private life, with subtle distinctions and similarities. Soon after it goes to an analyses regarding the original image recordings evidence – by ostensive cameras and hidden ones – and its use in the penal procedure, specially when used in work places, investigative journalism, private and public places among other circumstances. Finally, such images validity hypothesis are evaluated in the penal procedure and suggestions are presented in order to them, in case of being produced, and in very specific cases, can be effectively used in the process without violation to the intimacy and private life of the individual.Item A interceptação telefônica no tráfico de drogas: técnica de investigação e ausência de defesa(Universidade Federal de Goiás, 2005-02-24) Lima, Paulo Augusto Moreira; Marin, Eriberto Francisco Bevilaqua; http://lattes.cnpq.br/9078134881548192; Marin, Eriberto Francisco Beviláqua; Santos, Pedro Sérgio dos; Silva, Germano CamposThe drug trafficking is one of the greatest bad things of the contemporary society, involving on questions related to the human rights, the economy, the organized crime and the public health. In this context, the wire tapping is considered one of the main techniques of investigation, since that it is a secret proceding until the conclusion of the inquiries on determined criminal group. In conclusion, it is considered that the wire tapping is used as evidence only after the identification of the main dealers and obtaining substantial information related to the modus operandi of the criminals.