O princípio da não autoincriminação (ou princípio nemo tenetur se detegere) constitui não só um dos mais importantes princípios aplicáveis no contexto da produção probatória, mas também um dos princípios fundamentais do processo penal. O seu estudo está diretamente relacionado à tensão existente entre o interesse público na persecução penal e o interesse do indivíduo, no que diz respeito à observância das garantias fundamentais. A evolução, estrutura, alcance e as restrições ao referido princípio serão analisadas sob o enfoque do direito comparado, exercício este que nos propomos a ensaiar privilegiando uma referência abreviada à experiência americana. Após uma breve incursão sobre os sistemas processuais penais, a busca da verdade e os poderes do juiz temas intimamente relacionados ao assunto principal trataremos, sem a pretensão de esgotar o assunto, da dimensão assumida pelo privilege against self-incrimination no direito processual penal estadunidense e, posteriormente, do alcance do princípio da não autoincriminação no ordenamento brasileiro. Tendo em vista a matriz costumeira do Direito norte-americano, as linhas sobre o privilege serão traçadas, sobretudo, por meio da análise dos julgados da Suprema Corte. No ordenamento pátrio, o direito de não produzir prova contra si mesmo será tratado à luz dos entendimentos doutrinários distintos. O enfoque, em ambos os ordenamentos, dar-se-á também sob o prisma do direito ao silêncio, interrogatório, provas que dependem da colaboração do acusado, princípio da proporcionalidade e consequências advindas da violação ao princípio. / The privilege against self-incrimination (also known as nemo tenetur se detegere) is not only one of the most important rights in the context of evidence, but also a fundamental principle of criminal procedure. The study is intimately related to the tension between publics interest in punishment, in one side, and the preservation of a persons rights, on the other. The evolution, structure, scope and restrictions to this principle will be analyzed from the standpoint of comparative law, which we intend to accomplish by making a brief reference to the American experience. After a short foray concerning to the systems of criminal procedure, search for the truth and the powers of the judge topics that are closely related to the main subject we will discourse, without pretending to exhaust the theme, about the extent assumed by the privilege against self-incrimination in USAs criminal procedure and, subsequently, the dimension of the privilege against self-incrimination in brazilians criminal process. Given the peculiarities of the American Legal system, based on the concept of precedence, the lines on the privilege will be drawn, especially, through the analysis of U. S. Supreme Court cases. When it comes to brazilians procedure, the right against self-incrimination will be treated throughout the different doctrinal understandings. The focus in both jurisdictions will also be developed through the perspective of the right to remain silent, cross-examination, evidences that depends on the defendants cooperation, the principle of proportionality and the consequences resulting from the violation of the privilege.

Este trabalho procura debater a liberdade constitucional de informação sob um viés não usual ao direito constitucional brasileiro. Seu ponto de partida é a proteção ao sigilo de fonte para jornalistas profissionais, consagrada pelo texto constitucional. Essa regra parece pressupor uma distinção possível e clara entre jornalistas e demais cidadãos. Mas como compreendê-la em um cenário atual no qual: a) as condições tecnológicas permitem que qualquer cidadão, a um custo baixo ou quase inexistente, publique informações para um número indistinto de pessoas, e; b) o Supremo Tribunal Federal tenha reconhecido que o Estado não pode exigir a obtenção de um diploma de ensino superior para diferenciar a categoria de jornalistas? Logo, o pano de fundo deste trabalho é a possibilidade de o Estado diferenciar jornalistas de demais cidadãos com relação à concessão de prerrogativas para o exercício da liberdade de informação. Nos Estados Unidos, esse é um debate relevante ao menos desde a década de 1970. São apresentados seus principais aspectos: por um lado, a jurisprudência de sua Suprema Corte, que se negou sistematicamente a diferenciar direitos próprios à liberdade de imprensa (Press Clause) em comparação com a liberdade de expressão (Speech Clause); por outro, as abordagens funcional e institucional à liberdade de imprensa, composta respectivamente por autores favoráveis e críticos àquela linha jurisprudencial. Ao final, a partir de uma perspectiva crítica e da adoção de fundamentos jurídicos, busca-se analisar a regra constitucional do sigilo de fonte e propor parâmetros interpretativos para sua aplicação. / This paper seeks to debate the constitutional freedom of information under an aspect not common to Brazilian constitutional law. The departure point is the reporters privilege, constitutionally protected for professionals by law. That rule seems assume a possible and clear distinction between journalists and other citizens. But how to understand it under a scenario where: a) the technological conditions allow any citizen, with very cheap or barely existing costs, to publish information for an indistinct number of people, and; b) the Supreme Federal Court has recognized that the State may not license journalists by a college degree diploma? Thus, the background subject of this paper is the possibility that the State differentiates journalists from other citizens in regard to the concession of prerogatives for the exercise of the freedom of information. In the United States, this has been a relevant debate at least since de 1970s. The main aspects are presented: on one hand, the Supreme Courts case law that has systematically denied to differentiate exclusive rights deriving from the Press Clause in comparison to the Speech Clause; on the other hand, the functional and institutional approaches to freedom of the press, respectively representing the authors favorable and critics to that judicial construction. Finally, taking on from a critic perspective and adopting legal fundaments, it seeks to analyze the constitutional rule of the reporters privilege and to propose interpretative standards for it.

This thesis deals with the topic of privilege against self-incrimination of legal entity in administrative proceedings and in offence proceedings. The following reasons led me to the choice of this topic. First of all, it is a multidisciplinary topic involving criminal law, criminal administrative law, constitutional law, and private law, especially the regulation of legal entities. Furthermore, with the exemption of decision-making praxis of courts, and a few academic essays, attention hasn't been paid to this topic in its complexity. For this reason, this topic has offered novelty and the possibility of observing the progressive development of judicature, especially the decision-making praxis of the Supreme Court of the Czech Republic, the Supreme Administrative Court of the Czech Republic as well as the Constitutional Court of the Czech Republic and the European Court of Human Rights. The first part deals with the historical origins of privilege against self-incrimination and development of the criminal proceedings over the centuries. Special attention is paid to the fact, that privilege against self-incrimination was originally part of criminal proceedings until the 12th century, when this privilege was removed from the canon law and replaced with the inquisitional process which was linked with the...

Structural racism is often perpetuated by well-intentioned White individuals who passively accept or are unaware of its existence. However, when their perceptions and understanding of the world are challenged through learning about structural racism, White people may experience emotions such as fear, and guilt, which seem to serve either a debilitating or a motivating role in multicultural attitude development. Self-compassion, which is the ability to process distressing emotions without resorting to avoidance of the emotional experience, may help White individuals work through strong negative affect that accompanies an awareness of structural racism and ultimately aid in the development of multicultural attitudes. This hypothesized model of moderated mediation was tested using a sample of White adults (N = 240; 70.8% women, 26.3% men, 2.9% gender-expansive) who completed an online survey. Awareness of structural racism had a larger positive relationship with White guilt in individuals who endorsed lower levels of self-compassion. For individuals with high levels of self-compassion, more awareness of structural racism was associated with more fear, which in turn was associated with lower multicultural attitudes. For individuals with low levels of self-compassion, more awareness of structural racism was associated with less fear, which in turn was associated with more multicultural attitudes. Contrary to the theoretical model, the indirect effect of awareness of structural racism on multicultural attitudes through White guilt was not moderated by self-compassion. Implications and recommendations for research and practice in the field of counseling psychology are discussed.

In the last decade stratification within educational results has, in Sweden as in other countries, been framed as a matter of boys’ and young men’s under-achievement. The question of whether this is a problem, and if so, for whom and how to change the structure, has been discussed in research and educational policy. The aim of the thesis is to contribute to these fields and to enhance knowledge of young people’s gendered and classed identity processes, by analyzing how achievement and engagement were negotiated and given meaning in relation to young men. Previous research has primarily explored identity processes among “risk categories” or subordinated students. The objective here was to analyze how masculinity was accomplished via peer-group interactions within a rarely problematized category, through examining how upper middle-class young men identify themselves and are ascribed identities by others. The study’s design was inspired by ethnographic methodology and combined participant observation, semi-structured individual and group interviews and a background questionnaire. Identities, social categorizations (especially gender and class) and dominance-relations were thus analyzed from an actor-oriented perspective. The research participants were young men and women, age 15-16, in two school classes. The field work was conducted at, respectively, a Natural Science and a Vehicle Programme; educational settings with connotations to masculinity but significantly different in terms of class. The study enrolled a total of fifty-six students, but focus is upon the fifteen young men among the natural science students.  High achievement and under-achievement, high social and cognitive ability, and group loyalty are main themes in the study. Identity claims were analyzed in relation to the practices through which they were negotiated, e.g. self-hindrance. Similar to other research, the results emphasize the relationship between masculinity and “effortless achievement”. The concept “under-achievement” is developed as an analytical tool, by distinguishing between five dimensions.

Despite exposure of educational disparities for students of color, as well as the notion that educational training rarely discusses race and racism, there continues to be a lack of discourse on race, racism, and anti-racism in educational leadership. Subsequently, it is important to challenge deficit thinking and encourage further examination of the deeply-rooted foundation of oppression. The study explored personal narratives of white educational leaders who oppose racial inequity to heighten awareness about conceptualizations of race, racism, and anti-racism. The research involved interviewing educational leaders in three groups: 1) aspiring, 2) currently-practicing, and 3) recently-retired. Eight participants were selected to engage in two semi-structured interviews about their experiences aligned with the following research questions: 1) How do white educational leaders frame the impact of race and racism? and 2) How do white educational leaders describe their perceptions and experiences recognizing, confronting, and dialoguing with others about race and racism? The findings revealed commonalties about the subtle nature of racism, as well as how to confront racism through thoughts and actions. While participants considered dialogue beneficial in their own awareness of race and racism, the lack of venues to dialogue were emphasized. The findings suggest implications for further contextualizing negotiations of race-related tensions and framing the impact of race and racism, particularly in relation to creating purposeful spaces and relationships to encourage such dialogue. Additionally, interpretation of the findings adds insight to further conceptualizing racial identity models and anti-racism.

Auditors review documented financial figures to test for their accuracy and materiality. Lawyers analyze evidential facts and records to build sound legal arguments. These parties work toward a mutual purpose: to present their clients as legitimate and compliant businesses. But what happens when the concrete facts upon which lawyers and auditors base their work are obscured by their inability to see into the future? In other words, how can these professions conjunctively handle potential future obligations brought about by contingent liabilities? This study will attempt to resolve the tensions that emerge between lawyers and auditors when tasked with estimating the likelihood and financial value of contingent liabilities. It considers the strict regulations set forth by the ABA and FASB and how each side might circumvent the guidelines to allow for better collaboration. Addressing a focal point of contention between the legal and financial professions for decades, this study will also look at past attempts at mediating the conflict as well as current proposals to alter the contingent liability disclosure process. Most importantly, it distinguishes itself from prior research by implementing firsthand arguments from professionals in each field to improve the cooperative landscape. Collectively weighing previously attempted solutions, current regulatory barriers, and professional guidance, this study proposes a three-step solution toward initiating reform between lawyers and auditors to enhance the visibility, precision, and ease of disclosing contingent liabilities.

Magister Legum - LLM (Criminal Justice and Procedure) / The combating of money laundering has become crucial since it has escalated from a domestic to an international problem and vice versa. South Africa, in an attempt to combat money laundering has enacted anti-money laundering (AML) and anti-terrorism legislation. The legislation consists of the Prevention of Organised Crime Act 121 of 1998 (POCA); the Financial Intelligence Centre Act 38 of 2001 (FICA); and the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 (POCDATARA). In essence POCA and POCDATARA criminalise money laundering and terrorist financing. FICA requires certain professions, such as the legal profession to maintain specific controls. Such controls include AML measures, combating the financing of terrorism (CFT) and also require the keeping of confidential client records, the filing of suspicious transaction reports (STR's) and certain cash transaction reports (CTR's).

Approach to the True Image of the "Incas by Privilege"This study aims at clarifying the identity of one special social category in the Inca state, "the Incas by privilege". Historians and cultural anthropologists have argued that the Incas by privilege played a part in the maintenance of domination by the Incas, but they do not explain the reason(s) for the existence of this category of people. This is due to the scarcity and ambiguity of information about them in the historical documents. However, in order to clarify the historical processes of the territorial expansion of the Inca state, it is essential to advance research on the social and political function of the Incas by privilege. This study undertakes such an analysis by discussing some of the central characteristics of this group of people as they are described and characterized in the chronicles. / El presente trabajo trata de aclarar la imagen de una categoría social en el Estado incaico, llamada "incas de privilegio", analizando principalmente las crónicas indígenas. Es claro que casi todos los historiadores o etnohistoriadores coinciden en afirmar que los incas de privilegio desempeñaban algún papel en el mantenimiento de la dominación del Estado incaico, pero no precisan su razón de ser en dicho Estado. Naturalmente, eso se debe principalmente a la falta de noticias sobre ellos en los documentos o crónicas, y a que la mayoría de estas pocas noticias son muy vagas. Pero, para aclarar mucho más la realidad histórica de la expansión del dominio del Estado incaico en los Andes, es innegable e indispensable desarrollar la investigación sobre la función social y política de los incas de privilegio. En este trabajo, por ello, se pretende demostrar sus características a través del análisis de las crónicas y a manera de ensayo, con la esperanza de que su estudio sea profundizado por los arqueólogos y los antropólogos.

End-of-life care (EOLC) has become a significant area of expertise in the intensive care unit (ICU). Critical care nurses are the primary caregivers of patients in the ICU and they provide EOLC for patients and families daily. Nurses have portrayed EOLC as difficult and demanding work; yet, they have also described their experiences of providing EOLC as rewarding, gratifying, and a privilege. The purpose of this study was to explore nurses’ meaningful experiences with providing EOLC for patients and families in the context of the ICU. Van Manen’s approach to interpretive phenomenology was used. Unstructured face-to-face interviews were conducted with six registered nurses who were employed in a medical/surgical tertiary care ICU. The interviews were audio-recorded, transcribed, and analyzed. The essence of nurses’ meaningful experiences in providing EOLC was ‘being able to make a difference’. For the nurses, being able to make a difference reflected their efforts to create a good death for the dying patient and their family. The nurses had to navigate a variety of challenges that affected the creation of a good death, however, they made it work by building relationships quickly with families, taking care of themselves, and recognizing it’s a privilege to provide EOLC. These research findings contribute to an expanding body of knowledge and understanding with regards to nurses’ role with the provision of EOLC in the ICU.