THE THE LIMITS OF THE LEGAL ORDER IN POLICE APPROACHES: An analysis of the typicality of the Special Criminal Court procedures set out in article 330 of the Penal Code
The crime of disobedience requires the agent to disobey a lawful order. However, in lawabout this crime, there is no definition of the limits of what is understood as lawful.Jurisprudence and doctrine formed, over time, interpretations that tend to limit the prohibitiveaction described in this penal...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica de Minas Gerais (PUC Minas) |
| Repositorio: | Virtuajus |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.periodicos.pucminas.br:article/28009 |
| Acceso en línea: | https://periodicos.pucminas.br/virtuajus/article/view/28009 |
| Access Level: | acceso abierto |
| Palabra clave: | Crime de desobediência Juizado Especial Criminal Crime of desobedience Special Criminal Court |
| Sumario: | The crime of disobedience requires the agent to disobey a lawful order. However, in lawabout this crime, there is no definition of the limits of what is understood as lawful.Jurisprudence and doctrine formed, over time, interpretations that tend to limit the prohibitiveaction described in this penal type. This work sought to list, from the data provided by theconciliation sector of the Special Criminal Court of Belo Horizonte, procedures that weregenerated as consequences of conduct that do not fit with the norm. Data analysis showedthat, indeed, there are procedures generated by atypical conducts and some proceduresgenerate a criminal transaction, even when they should be archived. Furthermore, a specificpattern was observed amongst the disobedience crimes: most crimes are committed by youngadult men, without criminal antecedents, and most crimes happened at night. |
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