Thursday, April 23, 2015

Criminal law aims to protect the legal interests, motivate behaviors, prevent download torch genera


Criminal law aims to protect the legal interests, motivate behaviors, prevent download torch generally and affirming the rules. Starting respect to these functions penalty should download torch not be intended only to inflict punishment but to re-socialize the offender.
From the point of general-positive download torch side, should serve to reaffirm the rule has been violated but sometimes a negative effect is that the offender rather than take responsibility feels it is "victim" of unjust system. So the punishment should fulfill the retributive and preventive function but worth should have a restorative function, either the direct victim of crime or to society in general.
And the reparation according Roxin has resocialization effects because it forces the author to face the consequences of the fact and take the legitimate interests download torch of victims. Roxin indirectly download torch already talking about one of the objectives of Restorative Justice and also according to him, should also be an end of it.
For some, the primary purpose of punishment would be retribution or punishment. That is, "He who goes around comes around". The remuneration is based on a kind of mutual revenge, this vengeance becomes legal by imposing on the offender an amount of pain that corresponds to the harm caused by the offense. We all agree that the crimes should be publicly censured, to promote compliance but also a moral and material balance must be restored to preserve social relations. And here Restorative Justice is helpful because it is not left alone in pay, part of this censorship and this rebuke the offender through punishment, but goes further in a constructive way, trying first the victim is repaired and after the offender voluntarily commit to this positive and constructive obligation to repair the damage
For others, the main purpose of punishment is crime prevention, ie deter from committing new crimes to society in general (general download torch deterrence) and the offender, who committed the offense and not to reoffend (special prevention). Overall, closely related to the remuneration, prevention is aimed at the community and tries to show the "exemplary" of sentences, for fear of being punished, do not commit crimes. Special prevention makes the offender through the grief and "something else" can return to the social context from which they spread to commit the crime and decides not to offend again. I understand it is a kind of Catch-bites, but true, as is and Restorative Justice in this somewhat special and general prevention can also help. Restorative processes enhance download torch the participation of the victim, download torch offender and / or community and accountability. This active participation makes many criminals realize and become aware of the actual damage caused and its impact download torch on the victim and the community and avoid recidivism and not by fear of punishment but because they have realized that they must not harm another living being, as they generate a lot of pain. The community to be actively download torch involved, also becomes more mature and responsible and empathy generated makes it stronger and less prone to crime.
FANTE, Cléo; PRUDENT, Neemias Moretti. Bullying em Debate. São Paulo: Paulist, 2015.
PRUDENT, Neemias Moretti. What do farpado behind arame: algumas reflexões on e os os prisoners Cárceres (e suas alternatives), download torch p. 441-467. In: Diego Bayer (org.). Criminals disputes. Jaragua do Sul: Letters and Conceitos, 2013.
PRUDENT, Neemias Moretti, Justiça Restorative: Experiences Brasileiras, p. 41-72. In: LUCAS, Doglas Cesar and Spengler, Fabiana Marion download torch (orgs.). Restorative Justiça e Mediação. Ijuí: UNIJUI, 2011. 360p.
PRUDENT, Neemias Moretti, Para uma Culture of Peace: Direitos Humanos e Justiça Restorative, p. 81-102. In: Pelizzoli, download torch Marcelo (Org.). Culture of Peace: Restauração e Direitos. Recife: UFPE Universitária, 2010. 331P.
Quem sou eu
Legal Assessor Moretti Neemias Prudente not Ministério Público Federal (MPF / PR). Professor of Criminal Processual Direito na Escola da Magistrates do Paraná (EMAP) and the Special download torch Criminal Legislação not Paranaense Instituto de Ensino (IPE). Mestre em Direito download torch Penal pela Methodist University of Piracicaba download torch (UNIMEP 2008-2009). Specialist download torch em Direito Penal and Criminology download torch Institute of Criminology hair and Criminal download torch Policy and Universidade Federal do Paraná (ICPC / UFPR 2006-2007). Specialist Direito em Processo Penal and Criminal hair Instituto Paranaense de Ensino (IPE 2011-2012). É coauthored two livros: Culture of Peace: restauração and direitos (UFPE, 2010), restorative Justiça e mediação: public policies do not tratamento two sociais conflitos (UNIJUI, 2011) and disputes Crimin

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