Para responder à indagação do que pretende o Estado com a criminalização das infrações tributárias a doutrina que se dedicou à análise desta espécie de crimes sustentou ser o fim da norma a proteção de um bem jurídico. Partindo-se dessa premissa foram tecidas inúmeras definições para o objeto de tutela daqueles delitos. Reconhecendo o problema decorrente desta indefinição, este estudo propõe avaliar a importância do bem jurídico na dogmática penal, seus contornos atuais e a sua aplicabilidade. Diante deste cenário, se torna possível vislumbrar o porquê da busca de um objeto de tutela e os critérios adequados à sua identificação. A partir destas ferramentas, passa-se ao levantamento crítico dos fundamentos e definições já sugeridos pela doutrina nacional e internacional, culminando em uma proposta alternativa que se entende coerente com as inafastáveis exigências constitucionais. Por fim, com o fito de reforçar a posição assumida e salientar suas vantagens, são abordados determinados pontos controversos no direito penal tributário a partir da perspectiva do bem jurídico proposto, as primeiras contribuições que um novo fundamento pode oferecer na releitura do atual sistema punitivo brasileiro em matéria fiscal. / To answer the question of what the State intends to do with the criminalization of tax evasion the penal doctrine argued that the objective of the law could only be the protection of a legal good. In accord to this premise, the academic texts pointed numerous definitions for the violated object in tax crimes. Recognizing the problem, this study proposes to assess the importance of the legal good in dogmatic, its contours and its current applicability. In this scenario, it is possible to discern why the search for an object of protection and criteria for their identification is so important. With these tools, the dissertation passes to the survey and critique of the foundations and definitions suggested by the national and international doctrine, culminating in an alternative proposal appropriate and consistent with constitutional requirements. Finally, with the aim of strengthening the position taken in previous topics and highlight its advantages, are discussed certain controversial issues in tax criminal law from the perspective of the legal good proposed. The analysis focuses at the first contributions that can provide a new grounding in the current Brazilian punitive system.

A presente dissertação de mestrado analisa a atuação do Tribunal Penal Internacional para Ruanda, corte com sede na Tanzânia, criada sob os auspícios da ONU e encarregada de processar as pessoas responsáveis por sérias violações ao Direito Internacional Humanitário cometidas durante o genocídio da população tutsi organizado por membros do governo e do exército de Ruanda em 1994, e que vitimou mais de 800.000 civis. Estuda-se a evolução do Direito Internacional Penal ao longo do século XX até a criação do Tribunal e a história e a organização política de Ruanda até a eclosão da guerra civil e do genocídio. Apresenta-se a estrutura, a competência e a dinâmica dos julgamentos, promove-se o estudo de quatro casos paradigmáticos julgados, e verificam-se os resultados concretos alcançados pelo Tribunal para impedir a impunidade, apontando este órgão judicial como importante precursor do Tribunal Penal Internacional criado pelo Estatuto de Roma em 1998. O trabalho também ambiciona perpetuar a lembrança de um dos maiores massacres da história, comparável ao próprio Holocausto, e o tratamento dado pelo Direito e pela comunidade internacional ao episódio / This dissertation examines the performance of the International Criminal Tribunal for Rwanda, Tanzania-based court, created under the auspices of the UN, in charge of prosecuting people responsible for serious violations of International Humanitarian Law committed during the genocide of the Tutsi population, organized by members of the government and the army of Rwanda in 1994, which killed over 800,000 civilians. It is studied the evolution of International Criminal Law over the twentieth century until the establishment of the Court, and also the history and the political organization in Rwanda until the outbreak of civil war and genocide. This dissertation presents the structure, competence and dynamics of the trials, promotes the study of four paradigmatic cases tried, and verifies the concrete results achieved by the Court to prevent impunity, pointing this judicial body as an important forerunner of the International Criminal Court created by the Rome Statute in 1998. The study also aspires to perpetuate the memory of one of the greatest massacres in history, comparable to the Holocaust itself, and treatment given by the law and by the international community to the episode

Submitted by Jaqueline Silva (jtas29@gmail.com) on 2016-12-16T15:29:32Z No. of bitstreams: 2 Dissertação - Rodrigo Antônio dos Santos - 2016.pdf: 7982615 bytes, checksum: d618d017d5a9c7d3c33ce6611af601bb (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) / Approved for entry into archive by Jaqueline Silva (jtas29@gmail.com) on 2016-12-16T15:29:53Z (GMT) No. of bitstreams: 2 Dissertação - Rodrigo Antônio dos Santos - 2016.pdf: 7982615 bytes, checksum: d618d017d5a9c7d3c33ce6611af601bb (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) / Made available in DSpace on 2016-12-16T15:29:53Z (GMT). No. of bitstreams: 2 Dissertação - Rodrigo Antônio dos Santos - 2016.pdf: 7982615 bytes, checksum: d618d017d5a9c7d3c33ce6611af601bb (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) Previous issue date: 2016-11-07 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / This paper aimed to map, for neighborhoods of Goiânia, crimes against the person recorded in the 2010-2014 period. With the support of GIS software ArcGIS, crossed crime data with demographic and criminal, such as drug dealing, drug dealing association, color / race, gender and income of the population. The chosen crimes against the person were intentional homicide, manslaughter, bodily injury followed by death and robbery (the latter being a crime against property). At the end, you can see the rapid growth of violence in the city of Goiânia, as well as the most prominent criminal neighborhoods, and its correlation with the demographic variables / O presente trabalho buscou fazer um mapeamento, por bairros de Goiânia, dos crimes contra a pessoa registrados no período de 2010 a 2014. Com o apoio do software SIG ArcGIS, cruzou-se os dados criminais com variáveis demográficas e, também, criminais, sendo: tráfico de drogas, associação ao tráfico de drogas, cor/ raça da população, gênero e renda. Os crimes contra a pessoa escolhidos foram: homicídio doloso, homicídio culposo, lesão corporal seguida de morte e latrocínio (sendo este último um crime contra o patrimônio). Ao final, é possível perceber o crescimento acelerado da violência dentro da cidade de Goiânia, bem como aqueles bairros com maior destaque criminal, e, ainda, sua correlação com as variáveis demográficas.

O presente trabalho visa analisar as implicações e desafios impostos ao direito penal na tutela da criminalidade econômica atual, especialmente no que tange ao delito de gestão fraudulenta de instituição financeira, previsto no caput do artigo 4º da Lei 7.492/86, delito mais severamente apenado na Lei dos Crimes contra o Sistema Financeiro Nacional. Em razão de sua descrição absolutamente genérica e da gravidade da sanção cominada buscar-se-á interpretar suas elementares típicas de forma conectada aos motivos que ensejaram a sua edição, bem como relacionada ao bem jurídico tutelado pela norma, aplicando-se redutores teleológicos no desiderato de conferir ao tipo uma identidade própria, agregando coerência interna na própria lei e minimizando os recorrentes problemas quanto ao âmbito de incidência de seus dispositivos legais, por vezes dispostos em situação de conflito aparente de normas. Nesses termos, o crime de gestão fraudulenta de instituição financeira será decomposto em todos os seus elementos típicos, objetivos e subjetivos, observando-se sua objetividade jurídica, objeto material, sujeitos ativos, passivos, concurso de pessoas, consumação e tentativa. Posteriormente, será adentrado à problemática do concurso aparente de normas entre o crime estudado gestão fraudulenta de instituição financeira e os demais tipos penais previstos na Lei 7.492/86, especialmente em relação aos tipos penais previstos nos artigos 5º, 6º, 9º, 10, 11, 16, 17, 21 e 22. A análise será feita com base nas relações lógico-conceituais entre os preceitos normativos, seguida de uma interpretação teleológica e valorativa, com base nos critérios de resolução de conflito aparente de normas propostos pela doutrina especialidade, subsidiariedade, consunção e alternatividade. Ao final, as conclusões encontradas serão confrontadas com o recorte jurisprudencial dos julgados atinentes à matéria, proferidos pelo Tribunal Regional Federal da 3º Região nos últimos 10 anos (01/01/2003 a 31/12/2013). / This work intends to analyze the implications and challenges imposed on criminal law for the defense of current economic crimes, especially in regards to the crime of mismanagement of financial institutions provided for in the main provision of Article 4 of Law No. 7492/86, a crime punished by maximum sentence in the Law of Crimes against the National Financial System. As a result of its completely general description and the severity of the sanction imposed, the interpretation of its typical elements shall be made in connection with the motives which originated the enactment thereof, as well as relating to the legal interest protected by the rule, while applying teleological reducers for the purpose of conferring a proper identity to the definition of the crime, adding internal consistency to the law itself and minimizing recurring problems regarding the scope of incidence of the legal provisions thereof, at times applied in situations of apparent conflict of rules. This way, the crime of mismanagement of financial institutions will be decomposed into all its typical objective and subjective elements, addressing legal objectivity, material object, perpetrators, victims, co-perpetration, consummation and attempt. Next, it will address the issue of the apparent joinder of rules between the crime examined - mismanagement of financial institution - and other criminal offenses established by Law 7492/86, especially in relation to criminal offenses provided for in Articles 5, 6, 9, 10, 11, 16, 17, 21 and 22. The analysis will be based on logical-conceptual relations between the normative precepts, followed by a teleological and judgmental interpretation, based on the solution criteria of apparent conflict of rules proposed by the jurists - specialty, subsidiarity, merger and alternativity. Finally, the conclusions reached will be confronted with case law clippings of decisions regarding the matter granted by the Federal Regional Court of the third Region in the past 10 years (01/01/2003 to 12/31/2013).

Submitted in fulfillment of the requirements for the Degree of Master of Technology, Durban University of Technology, Durban, 2017. / The overall aim of this study was to examine the circumstances under which violence occured among learners at Phatheka Primary School, situated in the township of Umlazi, and in doing so explore the causes of violence among learners at this school. The study further aimed to explore the complicit role of the school as an agent in shaping the manner in which learners relate to violence and vis à vis shaping learner behaviour. The research was driven by three objectives: Firstly, to investigate the gendered, class and ethnic nature of perpetrators and victims of school violence. Secondly, to examine the intra-group interactions among peers and their positioning of each other in terms of violent behaviour. Lastly, to explore how the discipline regime of the school shaped the constructions of violent and peaceful behaviour among learners. The qualitative research approach was utilised to obtain detailed and rich data. Ten educators and ten learners were purposively chosen from one urban primary school in the Umlazi Township. The ten learners that were interviewed, were identified from teachers’ observations of conflict situations at the school, in the classroom and on the playground. The ten most senior educators formed the sample of educators for this study. Seniority was determined according to the number of years the educator had been teaching at this school. Four of the most senior male educators and six of the most senior female educators were selected. The data was collected through face-to-face interviews and focus group interviews. The composition of the group consisted of learners with different interests and cultures in order to stimulate debate. The questions asked in the focus group interviews were similar to the questions used in individual interviews to broaden the data by comparing the responses of respondents when they were on their own, to their responses in a group situation.. The data analysis process was organised according to the research questions and based on themes that emerged from the contents of the interviews. A list of themes was formed of each transcript. These themes were then grouped and organised according to similarities. The list of themes was compared to the data and codes were allocated. The data was then divided and organised into categories, relevant themes and sub-themes. The findings of this study revealed that violence at this school was mainly interpersonal. Physical violence at this school took the form of hitting, kicking, punching, slapping and other acts that caused physical pain or injury. This study found that many learners believed that certain types of muthi provided advantage to the user in conflicts and fights. Many boys at this school used vernacular expressions of stick fighting to reinforce their dominance over other boys, as metaphors of manhood that bolstered their position among peers. Physical confrontation often involved the use of sticks. Labelling also served as a trigger to ignite violence among learners. Learners labelled each other in terms of their physical appearance, their citizenship as well as their academic performance. There was strong evidence from learners’ interviews that they competed and labelled each other around issues of classroom practices and academic performance. This created tension among the learners which also led to physical confrontation and violence. Many boys subscribed to certain hegemonic notions of masculinity which created a mentality where the boys demanded respect and exercised power over girls. Boys often used violence or the threat of violence to claim and exercise this power. Romantic relationships with girls often caused boys at Phatheka to get into conflict situations in their attempts to avoid humiliation, to prove heterosexuality and to enjoy a particular status at the school. This study found that a large proportion of learners who reacted with violence when provoked, had learnt this behaviour through role models provided by parents, siblings, relatives and community members, either directly or indirectly, and that this was often reinforced at school by peers, bullies and figures of authority. Role models actively encouraged learners to defend themselves, or to solve problems, by means of force and aggression, which contributed significantly to shaping violent behaviour among learners. This notion among the learners at Phatheka Primary School that violence is the best way to resolve conflict, with or without weapons, meant that fighting became the norm at this school. Although school fights are common and every fight is different, this study found that some common causes do exist. It was also found that the school complicitly contributed to the violence among learners through school policies and the disciplinary practices of educators. / M

Magister Legum - LLM / The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage. / South Africa

Magister Legum - LLM / This paper analyses head of state immunity, a traditional rule of international law, in relation to the indictments by the International Criminal Court (ICC) in 2009 against the current Sudanese President Omar Hassan Ahmad Al Bashir. It can be agreed that the doctrine of immunity in international law attempts to overcome the tension between the protection of human rights and the demands of state sovereignty. The statutes and decisions of international criminal courts make it clear that no immunity for international crimes shall be attached to heads of states or to senior government officials. However, the case against the Sudanese President, where the jurisdiction of the ICC was triggered by the UN Security Council‟s referral of the situation in Darfur to the Court, represents the first case where a serving head of state has, in fact, been indicted before the ICC. From this case, a number of legal issues have arisen; such as the questions where the ICC‟s jurisdiction over an incumbent head of state, not party to the ICC Statute, is justified, and the obligations upon ICC state parties to surrender such a head of state to the requesting international criminal court. This paper gives an analysis of these questions. / South Africa

Magister Legum - LLM / Kenya’s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that during these outbreaks of violence crimes against humanity were committed. This violence attracted world-wide concern and was universally condemned. Kenya is loathe to prosecute the perpetrators or those who bear the highest responsibility for the alleged commission of crimes against humanity. It has instead established a national investigatory mechanism, the Kenyan Truth, Justice and Reconciliation Commission (hereafter TJRC). This approach adopted by Kenya has been criticized for the fact that it fosters a culture of impunity. However, the Prosecutor of International Criminal Court (hereafter ICC) has used his proprio motu powers to initiate an investigation of alleged commission of crimes that fall within the jurisdiction of the Court. This research paper has analysed the reasons for the proprio motu intervention of the ICC in Kenyan situation. It also examined whether Kenya was unwilling or genuinely unable to prosecute the perpetrators of the post-election violence of 2007. Furthermore, the paper evaluated the provisions of the Kenyan TJRC, the major shortcomings of the Commission and the challenges it is facing in fulfilling its mandate. In conclusion the paper analysed the relationship between TJRC and ICC and re-evaluate any role that the two bodies could play in dispensing justice in Kenya. But before that, the paper laid down the factual background that led to the proprio motu interevention of the ICC in Kenya where a truth commission had alreday been established. / South Africa

Magister Legum - LLM / This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law. / South Africa

Magister Legum - LLM / With regard to the establishment of legislative frameworks for investigating and prosecuting genocide, crimes against humanity and war crimes at both national and international level, a number of pertinent issues come up concerning the Court which should have primacy to deal with a particular case. States have had a variety of options at their disposal, such as complementarity, exclusivity, subsidiarity and concurrent jurisdiction principles. As a rule, these experiences find their limits in the full criminalisation of conduct that is also punishable before the international criminal tribunals under international law, ignoring the fact that international law does not provide definite guidance with respect to a number of questions in relation to interaction between national and international jurisdiction vis-à-vis the ‘core crimes.’ In addition,a considerable increase in the content of international law and divergences in various legal systems in criminal law, both general and special, since the end of World War II, influence the effective prosecution of ‘core crimes.’ Against this background; this work is organised into five chapters. Chapter one gives a general introduction and background to the study. Chapter two will set out the present international legal framework governing the prosecution of ‘core crimes’ in national courts and a description of the relevant practice in various states. Chapter three will examine critically the jurisdiction and overlaps of the international courts and ad hoc tribunals,along with the corresponding models of international criminal justice of exclusivity, subsidiarity, complimentarity and concurrent jurisdiction. Chapter four seeks to discuss the optimal relationship based on interactions between national and international jurisdictions. It will also include the merits and limits of both jurisdictions, basing on existing precedents and legislation.Finally, Chapter five contains a summary of conclusions drawn from the whole study and winds up with a set of recommendations.