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| Author(s): |
Carolina Dzimidas Haber
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2007-04-13 |
| Examining board members: |
Jose Eduardo Campos de Oliveira Faria;
Theodomiro Dias Neto;
Sergio Salomão Shecaira
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| Advisor: | Jose Eduardo Campos de Oliveira Faria |
| Abstract | |
The objective of this dissertation is to analyze the criminal law of emergency and, more specifically, the differentiated disciplined regime, according to the Law nº. 10.792/03, focusing on the concepts of juridical, sociological, and, mainly, symbolical efficacy. Firstly, it is pictured the social, political and economical transformations that have been modified significantly the penal system in order to attempt using them as an answer to the new criminal problems, at the same time that they are compared to the principles and rules conceptualized by the liberal State. Secondly, the public securities politics of Fernando Henrique Cardoso are examined with the purpose of understanding how these politics were wondered and implemented in a period that the government was often challenged because of the increasing of violence in Brazilian big cities. Then, it was analyzed specifically the differentiated disciplined regime, showing at first place the context that it was created, and after the content of this law text and judicial decisions related to the subject. In summary, this dissertation proposes a critical study about the impact on justice system of criminal law of emergency and, more specifically of differentiated disciplined regime, from the study of its social and symbolical efficacy (AU) | |