AS AUDIÊNCIAS DE CUSTÓDIA E SEUS REFLEXOS PARA A SOCIEDADE

2018 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Jonathan Cardoso Régis ◽  
Alexsandro Briedis
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Law Enforcement Officers ◽  
Political Rights ◽  
Individual Subject ◽  
Criminal Sanctions ◽  
Democratic State ◽  
Civil And Political Rights ◽  
The Moment ◽  
The Individual

<p class="resumo">Depois de passadas mais de duas décadas da ratificação pelo Brasil da Convenção Americana de Direitos Humanos e do Pacto Internacional sobre Direitos Civis e Políticos as Audiências de Custódia são oportunamente implementadas pelo Conselho Nacional de Justiça com o intuito de apurar possíveis arbitrariedades e ilegalidades perpetradas pelos agentes policiais na realização de prisões e consistem na apresentação imediata do preso em até vinte e quatro horas do momento da prisão à presença de um juiz de direito para que esse possa analisar os requisitos de autoria e materialidade bem como a necessidade da manutenção da prisão e uma vez declarado qualquer excesso pelos agentes da lei tem a competência de relaxar a prisão aplicando medida cautelar colocando em liberdade o preso e remetendo cópia dos autos para apuração das transgressões supostamente cometidas pelos policiais junto à repartição competente. As Audiência de Custódia ainda figuram sutilmente como mecanismo de controle do Poder Judiciário incumbido de apreciar a prisão em flagrante a fim de evitar injustiças legitimando assim suas decisões quanto ao cerceamento da liberdade do indivíduo submetido às sanções penais impostas pelo Estado Democrático de Direito. Ainda contribuem para desafogar o sistema carcerário brasileiro atualmente em situação de colapso ocasionado principalmente pelo grande número de presos provisórios que ainda aguardam por julgamento, uma vez que a prisão preventiva passa a ser decretada em casos excepcionais e de extrema necessidade.</p><p class="resumo"><strong>Palavras-chave: </strong>Audiência de Custódia. Prisão preventiva. Ordem Pública.</p><h3>THE AUDITS OF CUSTODY AND ITS REFLECTIONS FOR SOCIETY</h3><div><p class="abstractCxSpFirst"><strong>Abstract: </strong>After more than two decades of Brazil's ratification of the American Convention on Human Rights and the International Covenant on Civil and Political Rights, the Custody Hearings are timely implemented by the National Justice Council in order to investigate possible arbitrariness and illegalities perpetrated by police officers in the execution of prisons and consists of the immediate presentation of the prisoner within twenty-four hours of the moment of the arrest to the presence of a judge of law so that it can analyze the requirements of authorship and materiality as well as the necessity of the maintenance of the prison and once declared any excess by law enforcement officers has the power to relax the prison by applying a precautionary measure by releasing the prisoner and submitting a copy of the records to determine the transgressions allegedly committed by the police at the competent office. The Hearing of Custody still figure subtly as a mechanism of control of the Judiciary Power charged with assessing the arrest in flagrante in order to avoid injustices thus legitimizing their decisions regarding the restriction of the freedom of the individual subject to criminal sanctions imposed by the Democratic State of Law. They still contribute to unburdening the Brazilian prison system currently in a state of collapse caused mainly by the large number of temporary prisoners still awaiting trial, since pre-trial detention is decreed in exceptional cases and in extreme need.</p><p class="abstractCxSpLast"><strong>Keywords: </strong>Custody Hearing. Pre-trial detention. Public order.</p></div>

Features of manifestation of conflict psychoemotional states in the sphere of law enforcement activity

2018 ◽  
Vol 3 (1) ◽  
pp. 14-21
Author(s):  
Наталья Николаева (Зайцева) ◽  
Natalya Nicolaeva (Zaytseva) ◽  
Олег Николаев ◽  
Oleg Nikolaev
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Empirical Studies ◽  
Personal Characteristics ◽  
Law Enforcement Officers ◽  
Basic Principles ◽  
Professional Environment ◽  
The Individual ◽  
Enforcement Activity

The article analyzes the main negative psycho-emotional conditions that are relevant in the professional environment of law enforcement officers. The causes and manifestations of these conditions in certain situations are analyzed with reference to the results of empirical studies of stress and the conclusions of well-known authors. A significant place in the work is given to the basic principles and the simplest ways of getting out of these states in the sphere of law enforcement practice, the specific features of which provoke conflict psychoemotional states among employees. The interrelation of the psychological specifics of the activity of police officers with the individual and personal characteristics of employees, which overcome these conditions in different ways, is analyzed.

scholarly journals PENEGAKAN HUKUM DAN HAK ASASI MANUSIA DENGAN PARADIGMA PANCASILA TERHADAP TINDAKAN PENOLAKAN PEMAKAMAN JENAZAH KORBAN COVID – 19

2020 ◽  
Vol 4 (2) ◽  
pp. 40-52
Author(s):  
Marthin Fransisco Manihuruk
Keyword(s):  
Infectious Disease ◽  
Human Rights ◽  
Law Enforcement ◽  
Disease Outbreak ◽  
The Body ◽  
Political Rights ◽  
Infectious Disease Outbreak ◽  
Criminal Sanctions ◽  
Civil And Political Rights ◽  
The Law

This study discusses the influence of law enforcement with the paradigm of Pancasila in addressing the action of the funeral of the dead bodies exposed to Covid-19. Rejection of the funeral of the body of the victim Covid-19 is contrary to the perspective of the law and also Pancasila. Law No. 4 of 1984 on the infectious disease outbreak clearly said that the act of disrupting the plague prevention efforts was contrary to the law and imposed criminal sanctions. While from the perspective of Pancasila, it can be seen that the funeral rejection Act Covid – 19, including into acts contrary to the values of Pancasila. Apart from being an ideology of state, Pancasila is also the source of any source of law of the country as listed in article 2 of the Law number 12 year 2011 concerning the establishment of legislation. The disapproval of the funeral of the Covid-19 bodies is contrary to the law and human rights as contained in Indonesia's legislation as in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights. The influence of law enforcement is certainly a very important factor in the enforcement and strengthening of values that correspond to the paradigm of PancasilaBAHASA INDONESIA ABSTRACT: Penelitian ini membahas tentang Pengaruh Penegakan Hukum dengan Paradigma Pancasila dalam menyikapi tindak penolakan Pemakaman Jenazah yang terpapar Covid -19. Tindakan penolakan Pemakaman jenazah dari korban Covid - 19 merupakan hal yang bertentangan dari perspektif hukum dan juga Pancasila. Undang-undang Nomor 4 tahun 1984 tentang Wabah Penyakit Menular jelas mengatakan bahwa tindakan yang mengganggu upaya penanggulangan wabah adalah bertentangan dengan hukum dan dikenakan sanksi Pidana. Sedangkan dari perspektif  Pancasila dapat dilihat bahwa Tindakan Penolakan Pemakaman Jenazah Covid – 19, termasuk ke dalam perbuatan yang bertentangan dengan nilai-nilai Pancasila. Selain sebagai Ideologi negara, Pancasila juga merupakan sumber dari segala sumber Hukum negara seperti yang tercantum di dalam pasal 2 Undang-undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan. Tindakan penolakan pemakaman jenazah Covid -19 merupakan perbuatan yang bertentangan dengan Hukum dan Hak Asasi manusia sebagaimana yang terdapat di dalam Peraturan Perundang-undangan di Indonesia seperti di dalam Deklarasi Universal Hak Asasi Manusia, Kovenan Internasional Hak-hak Sipil dan Politik. Pengaruh penegakan Hukum tentunya menjadi faktor yang sangat penting dalam penegakan dan penguatan kembali nilai-nilai yang sesuai dengan paradigma Pancasila.

scholarly journals Problems and competence of police during enforcement of judgments related to imprisonment.

2021 ◽  
Vol 3 (3) ◽  
pp. 251-256
Author(s):  
Dmytro Tinin ◽  
Volodymyr Tymofieiev
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Law Enforcement Officers ◽  
The Body ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Departmental Management ◽  
The Moment ◽  
National Police

Today, a certain conflict in judicial practice, the current criminal procedural and criminal-executive legislation of Ukraine is the procedure for execution of court sentences related to imprisonment, from the moment they enter into force. At the legislative level, the limits of competence of the National Police officers remain unresolved after the receipt of such a sentence to any police unit and the procedure for their execution. When enforcing a court sentence, law enforcement officers have a number of problems that make it impossible to enforce it, or even inaction is formed on their part. As a result, these factors contribute to convicts evading punishment or committing other crimes at this time. To date, the legislator does not define the competence of the National Police and does not include in its responsibilities the execution of court decisions related to imprisonment. However, when deciding on the determination of the body that will execute such a decision, the judicial institution is guided only at its own discretion or by the materials of the criminal proceedings in which it will be adopted. To solve such problems, it is necessary to correctly determine the procedure for each body to perform its functions. Such decisions cannot be made by the heads of structural subdivisions alone, and therefore this leads to the solution of this problem at the level of departmental management with further amendments to the legislation governing the activities of their sectoral services.

Stasis Anxiety

2017 ◽  
Author(s):  
Andrew van der Vlies
Keyword(s):  
South Africa ◽  
Civil War ◽  
Black Writers ◽  
Political Rights ◽  
Ancient Greek ◽  
Individual Subject ◽  
Starting Point ◽  
The Individual ◽  
Past Experiences ◽  
Contemporary Writing

Two recent debut novels, Songeziwe Mahlangu’s Penumbra (2013) and Masande Ntshanga’s The Reactive (2014), reflect the experience of impasse, stasis, and arrested development experienced by many in South Africa. This chapter uses these novels as the starting point for a discussion of writing by young black writers in general, and as representative examples of the treatment of ‘waithood’ in contemporary writing. It considers (spatial and temporal) theorisations of anxiety, discerns recursive investments in past experiences of hope (invoking Jennifer Wenzel’s work to consider the afterlives of anti-colonial prophecy), assesses the usefulness of Giorgio Agamben’s elaboration of the ancient Greek understanding of stasis as civil war, and asks how these works’ elaboration of stasis might be understood in relation to Wendy Brown’s discussion of the eclipsing of the individual subject of political rights by the neoliberal subject whose very life is framed by its potential to be understood as capital.

scholarly journals Legal consequences of illegal use of firearms by police officers

2021 ◽  
pp. 222-229
Author(s):  
Andrey Koblenkov
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Law Enforcement Officers ◽  
Legal Consequences

The article is devoted to the analysis of the legal consequences of incompetent actions of police officers in the use of firearms. The author assesses the circumstances and consequences of the use of firearms by law enforcement officers against offenders.

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

Policing the Police: Independent Investigation for Victoria

2018 ◽  
Vol 41 (3) ◽  
Keyword(s):  
Police Officers ◽  
Political Rights ◽  
State Party ◽  
The Public ◽  
Independent Investigation ◽  
The World ◽  
Civil And Political Rights ◽  
Effective Remedy ◽  
The Right

In Victoria, complaints against the police made by members of the public are predominantly investigated and determined by serving police officers. Such police-dominated complaints mechanisms are widely considered to be ineffective, and are being increasingly abandoned the world over. With reference to the obligations imposed by the International Covenant on Civil and Political Rights, this article critically examines Victoria’s police-dominated complaints mechanism and argues that it violates the right to an effective remedy contained in article 2 paragraph 3 of the Covenant. As a constituent state of a state party to the Covenant, Victoria is obliged to give effect to the Covenant’s obligations, and so must create an independent police complaints mechanism tasked with investigating complaints made against the police involving allegations of breaches of the Covenant’s protected rights.

FEATURES OF POSSESSION OF MORPHOLOGICAL NORMS BY POLICE OFFICERS

2021 ◽  
Author(s):  
Виктория Владимировна Зорина
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Vocational Training ◽  
Law Enforcement Officers ◽  
Literary Language ◽  
Training Experience ◽  
Russian Literary ◽  
Modern Russian

Статья посвящена проблеме владения сотрудниками полиции нормами современного русского литературного языка. Результаты выполнения задания, направленного на применение правил склонения фамилий (морфологические нормы), показали, что сотрудники правоохранительных органов-обучающиеся факультета профессиональной подготовки испытывают определенные затруднения. Полученные данные возможно учитывать при планировании и отборе упражнений для занятий по дисциплине «Русский язык в деловой документации. Культура речи». The article is devoted to the problem of police officers ' proficiency in the norms of the modern Russian literary language, in particular morphological ones. The results of the task aimed at applying the rules of declension of surnames showed that law enforcement officers-students of the faculty of vocational training experience certain difficulties. The obtained data can be taken into account when planning and selecting tasks for classes in the discipline " Russian in business documentation. Culture of speech".

Extending Research on the “War on Cops”: The Effects of Ferguson on Nonfatal Assaults Against U.S. Police Officers

2019 ◽  
Vol 67 (1) ◽  
pp. 3-26 ◽  
Author(s):  
John A. Shjarback ◽  
Edward R. Maguire
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Law Enforcement Officers ◽  
Federal Bureau ◽  
Monthly Data ◽  
National Debate ◽  
American Law ◽  
Time Series Analyses ◽  
Perceptions Of Safety ◽  
The Impact

This study tests whether violence directed toward American law enforcement has increased in the wake of events in Ferguson, Missouri, in summer 2014. Using monthly data from the Federal Bureau of Investigation’s (FBI) Law Enforcement Officers Killed and Assaulted (LEOKA) reports (2010–2016), we carried out time-series analyses to examine trends in nonfatal assaults on police officers in a sample of 4,921 agencies. Neither injurious nor noninjurious assaults on officers increased following Michael Brown’s death in August 2014. The findings are robust across a variety of model specifications and estimation techniques, providing little evidence of a “War on Cops” through 2016. The study adds empirical rigor to an ongoing national debate based largely on speculation/anecdotes. The impact and potential consequences of the current climate for officers’ perceptions of safety/risk are discussed.

Police officers, stigma, and the opioid epidemic

2020 ◽  
Vol 22 (4) ◽  
pp. 393-406 ◽  
Author(s):  
Nathan E Kruis ◽  
Jaeyong Choi ◽  
Richard H Donohue
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Social Distance ◽  
Disease Model ◽  
Law Enforcement Officers ◽  
The United States ◽  
Policy Implications ◽  
Opioid Epidemic ◽  
Front Line ◽  
Multivariable Analyses

Researchers have suggested that provider-based stigma of substance use disorders is one barrier to fighting the opioid epidemic. Yet, to date, virtually no study has examined provider-based stigma among law enforcement officers who are on the front line of the opioid crisis. This study attempts to fill this gap in the literature by assessing provider-based stigma toward opioid-using persons among a sample of 208 police officers working for departments located in the Northeastern Region of the United States. Results show that officers hold relatively high levels of stigma toward this vulnerable population, as measured by perceptions of dangerousness, blame, and social distance; however, comparatively, officers hold less fatalistic views toward this group of persons. Additionally, our multivariable analyses indicated that officer rank, support for the disease model of addiction, and beliefs about the demographic characteristics of a substance-using person are significantly associated with provider-based stigma among officers. Potential policy implications are discussed within.

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