OUR PRECIOUS "TIME"
Final the year, time spent reviewing everything in this year 2010, all the bad things and good things, time for reflection, I said our time! I arranged a time to write these lines, and live most of my time saying they did not have time for anything. Have you noticed how we experience different times simultaneously? That is, we live different notions of time overlap, and worse, do not learn to deal with this, as do many things at once without even realizing it, look: I found myself taking a shower, shaving and straightening shampoos Box in the bathroom, three things at the same time, do any of these tasks left incomplete? Addition to the pair decided to search on this precious and farther TIME.
found that:
In Ancient Egypt the concept of time was cyclical, they began to measure time intervals large compared to natural cycles and determined that affected planting.
In Greece the Greeks conceived of time at three levels: the
) Kairos, the exact time.
b) Kronos, the linear succession of moments.
c) Aion, immeasurable eternity. In the Middle Ages
predominant linear time, so that, for all men have
Beginning, middle and end. At age
Modern Newton defined time as absolute, mathematician par excellence.
In Contemporary Einstein begins to measure time from benchmarks, ie for him the passage of time is not the same for all observers that depends on the index. As for Freud's psychoanalytic theory of his contemporary world leads to the idea of \u200b\u200bsubjective time determined not just by conscience but by the unconscious, which is timeless.
so time is exact, absolute, is not unique and is subjective, time presses us, forces us to make choices listed, to give up various things in resistance exercise daily because we will always be pressure to do everything at once time.
conclude that planning, organization, does not make life boring, because we have more time to our lives. It is useless to do many things at once, and do what gives us pleasure. When we are young we want to do many things at once, if we have three parties on the weekend we go to all. Now, when we are adults, elders, chosen among the three parties that it gives us more pleasure, more than fills us and makes us pleasurable. If you give us any pleasure chose to stay home, reading a book, watching a good movie together with those we love, enjoying a good wine or a good sparkling wine. This time it is! Time to live, work, enjoy life with those we love who loves us. So plan your time well.
Wednesday, December 22, 2010
Tuesday, December 14, 2010
Navy Reenlistment Bonus Multiplier Calculator
RELIGIOUS INTOLERANCE
Religious intolerance is a term that describes the mental attitude characterized by lack of ability or willingness to recognize and respect differences and religious beliefs of others. May have originated in their own religious beliefs on someone or being motivated by intolerance against religious beliefs and practices of others. (Wikipedia)
have religious persecution, is an extreme case of intolerance, and abuse is the persistent drive a group to another group or an individual because of their religious belief.
Usually, persecution Such flourishes because of the lack of religious tolerance, freedom of religion and religious pluralism.
In ancient times there was much talk in the persecution of early Christians by Jews, the Nazis developed methods of mass destruction and killed millions of Jews, the followers of the cult african Brazilians were persecuted and criminalized for long periods, especially Umbanda and Candomble which were harshly persecuted in the past half century and listed as enemies of the Catholics.
With the growth of Umbanda, the Catholic Church gone there for 50 years of the last century decided to set up a special secretariat aimed at CNBB to tackle the growing number of faithful of Umbanda and other mediumistic cults. Had the pompous name SECRETARIAT NATIONAL DEFENCE OF THE FAITH.
For Catholics the Umbanda, or spirit, was in a situation marked by material and moral poverty. what was said the Archbishop of Porto Alegre Dom Vicente Scherer in 1957, and more: " Umbanda is the revival of the absurd beliefs that the unhappy slaves brought from the jungles of his martyred African homeland. Encourage the Umbanda is decay, is to increase ignorance, is aggravate. "
At the end of the last century spiritualists have come under constant attack of Charismatic Churches, more especially, by the Universal Church of the Kingdom of God, founded by Bishop Edir Macedo but also by the International Church of the Grace of God led by Pastor RRSoares, a relative of Bishop Macedo.
Neopentescostais These churches did not even spare the Catholic Church accused the pastors of these churches of Catholics "idolaters and heretics." Was the famous episode in which the Bishop Sergio Vom Helder, the Church Universal kicks an image of Our Lady of Aparecida live on the Awakening of Faith, with transmission by the Record TV network, owned by the Church Universal, October 12 day of the Saint. Said the bishop: "For those who like, who is addicted to those in need, who is dependent on plaster figurines, faith and plasticized plaster, faith visible, palpable ... For those who enjoy all this and defends tooth and nail, run to the Church ". This caused great repercussions in the season with a fierce indignation, not only by Catholics but on people in general.
Hebe Camargo, known television presenter said in an interview: "I sometimes wonder how the evangelical churches are able to brainwash thousands of people. The faithful are completely obsessed and not realize they are leaving pastors getting richer at the expense of "mensalinho the devil."
Brazil is a Secular State, ie, separated, divorced from any religion, with the right to religious freedom guaranteed by the Constitution but with constant clashes between Catholics and evangelical spirit, accusing each other for favors both state organs as individuals. Clashes between the Globo Television Network and the Universal Church, or Church Universal and Spiritualists, are listed in the media and in our courts.
In our country we have legal standards that aim to punish those religious intolerance, among them the Law 7.716/89, which was amended by Law 9.459/97, which criminalizes the practice of discrimination or prejudice against religions. Among many assurances given by such a rule, this does not remove the right to criticize what you can do in a follower of one religion to another religion, it is the free expression of thought, and many of the allegations of a supposed "religious intolerance" are indeed, cases of criticism of religions, these criticisms constitutionally protected. Interestingly, the act of "intolerance" ends up being just the part that accuses the author of the critique of "religious intolerance" by not knowing how to live with differences opinions, something proper to a democracy.
Therefore, this "holy war", we adopt the strategy of demonizing the symbolic universe of the other's religion, and especially the african-Brazilian religions, whose motive may be the historical racism, which is rooted in Brazilian culture, since the religious matrix African country that came with the slaves, who were viewed as inferior with their religion and culture in relation to the religion of "sir" ruler who was a Christian.
follows another time ..... hugs
Religious intolerance is a term that describes the mental attitude characterized by lack of ability or willingness to recognize and respect differences and religious beliefs of others. May have originated in their own religious beliefs on someone or being motivated by intolerance against religious beliefs and practices of others. (Wikipedia)
have religious persecution, is an extreme case of intolerance, and abuse is the persistent drive a group to another group or an individual because of their religious belief.
Usually, persecution Such flourishes because of the lack of religious tolerance, freedom of religion and religious pluralism.
In ancient times there was much talk in the persecution of early Christians by Jews, the Nazis developed methods of mass destruction and killed millions of Jews, the followers of the cult african Brazilians were persecuted and criminalized for long periods, especially Umbanda and Candomble which were harshly persecuted in the past half century and listed as enemies of the Catholics.
With the growth of Umbanda, the Catholic Church gone there for 50 years of the last century decided to set up a special secretariat aimed at CNBB to tackle the growing number of faithful of Umbanda and other mediumistic cults. Had the pompous name SECRETARIAT NATIONAL DEFENCE OF THE FAITH.
For Catholics the Umbanda, or spirit, was in a situation marked by material and moral poverty. what was said the Archbishop of Porto Alegre Dom Vicente Scherer in 1957, and more: " Umbanda is the revival of the absurd beliefs that the unhappy slaves brought from the jungles of his martyred African homeland. Encourage the Umbanda is decay, is to increase ignorance, is aggravate. "
At the end of the last century spiritualists have come under constant attack of Charismatic Churches, more especially, by the Universal Church of the Kingdom of God, founded by Bishop Edir Macedo but also by the International Church of the Grace of God led by Pastor RRSoares, a relative of Bishop Macedo.
Neopentescostais These churches did not even spare the Catholic Church accused the pastors of these churches of Catholics "idolaters and heretics." Was the famous episode in which the Bishop Sergio Vom Helder, the Church Universal kicks an image of Our Lady of Aparecida live on the Awakening of Faith, with transmission by the Record TV network, owned by the Church Universal, October 12 day of the Saint. Said the bishop: "For those who like, who is addicted to those in need, who is dependent on plaster figurines, faith and plasticized plaster, faith visible, palpable ... For those who enjoy all this and defends tooth and nail, run to the Church ". This caused great repercussions in the season with a fierce indignation, not only by Catholics but on people in general.
Hebe Camargo, known television presenter said in an interview: "I sometimes wonder how the evangelical churches are able to brainwash thousands of people. The faithful are completely obsessed and not realize they are leaving pastors getting richer at the expense of "mensalinho the devil."
Brazil is a Secular State, ie, separated, divorced from any religion, with the right to religious freedom guaranteed by the Constitution but with constant clashes between Catholics and evangelical spirit, accusing each other for favors both state organs as individuals. Clashes between the Globo Television Network and the Universal Church, or Church Universal and Spiritualists, are listed in the media and in our courts.
In our country we have legal standards that aim to punish those religious intolerance, among them the Law 7.716/89, which was amended by Law 9.459/97, which criminalizes the practice of discrimination or prejudice against religions. Among many assurances given by such a rule, this does not remove the right to criticize what you can do in a follower of one religion to another religion, it is the free expression of thought, and many of the allegations of a supposed "religious intolerance" are indeed, cases of criticism of religions, these criticisms constitutionally protected. Interestingly, the act of "intolerance" ends up being just the part that accuses the author of the critique of "religious intolerance" by not knowing how to live with differences opinions, something proper to a democracy.
Therefore, this "holy war", we adopt the strategy of demonizing the symbolic universe of the other's religion, and especially the african-Brazilian religions, whose motive may be the historical racism, which is rooted in Brazilian culture, since the religious matrix African country that came with the slaves, who were viewed as inferior with their religion and culture in relation to the religion of "sir" ruler who was a Christian.
follows another time ..... hugs
Sunday, November 7, 2010
Marlin Firearms Availability
A CAREER Passionate
The Criminal Law, which many refer to as "the most exciting area of \u200b\u200blaw" is a very important and requires many skills of its employees that differ from those required by professionals in other fields such as civil and labor, for example.
Some of the skills that the Criminal should possess, in addition to calling, are the scientific knowledge of criminology and forensic science, and oratory, if they wish to serve on the jury. Do not forget also that the skills of psychology are also welcome, as always deal with people and issues that affect them, often severe.
Some qualities are essential and, according to Manoel Pedro Pimentel, Counsel Criminalist it: "courage of a lion and gentleness of the lamb, pride and humility of a prince of a slave; swiftness of lightning and persistent drop of water; Oak stiffness and flexibility of bamboo" .
The study, knowledge of the human soul, reading good books out legal issues - that add value, help to increase vocabulary - Knowledge of laws, jurisprudence and edges of the Courts, insight in the analysis of evidence, the exercise of public speaking, attention to everything and everyone, good personal impression, tact, diplomacy, ability to persuade - so nice and precise actions are essential to the criminal trial lawyer.
himself Course Bachelor of Law and Social Sciences is raided in the area of \u200b\u200bhumanities. It is impossible for a person who understands nothing of human nature, nor has a spirit capable of being touched by the human tragedy, can serve in the branches of Advocacy, especially Criminal.
One who chooses to serve this area, you should always keep in mind that the person will be defending their rights and not the crime of which the client is charged. Criminal lawyer is the voice, head and hands of the rights attributable to any person. The process
criminal in their midst will always tragic stories, the victim and the accused, because that is no less tragic the commission of a crime, though it seems, in the foreground, the victim is the one that "loses".
criminal lawyer has the function and duty to diligently review the evidence and to check whether the process excels in perfect regularity, because it depends on which justice is done and is a guarantee that the defense of his client was done in an exquisite and effective. The Criminal Lawyers
need "a stomach" as they say, be combative, and brave warriors, bringing with them a spirit fighting not only to fight inside the criminal case on behalf of his client, against the quota of any complaint or injustice of the sentences, but also to face even greater opposition from the society that often does not understand his actions.
The unsuspecting and ignorant have in mind that criminal lawyer "defends criminals", released criminals that the police tries to arrest, which is not true.
criminal lawyer defends the rights of every human person, as guaranteed by the Constitution, in Article 5, as well as wrestling, as a good lawyer and combative, so that all procedures and laws are fulfilled when a person suffers a complaint or is taken to prison.
not cogitate them that many unsuspecting innocent people suffer the arrogance of the police action, which sometimes act outside the rules and legal principles, consciously or unconsciously, does not matter. It is important that the lawyer is there to fight for the rights of the person. All unsuspecting certainly would do so if it came to themselves, if the "water hit his back."
The criminal lawyer handles personal freedom, with the repercussions of the criminal actions committed and the hardships of the human soul. How difficult and complicated the human soul with all its subjectivity and relativities!
Fame leading criminal lawyer of opening the doors of jails for criminal clients is absolutely Malda, since the attorney is a judicial parts of the constitution, since no such power, or acts unjustly, because they act in other parts the process, with the same impetus to perform their duties well. If
often by criminal lawyer suffers the hardships of the profession, he also brings many rewards, especially when you can, acting with integrity and effort, to avoid an injustice, save an innocent man from prison, a punishment too severe slowing.
He who chooses the profession of lawyer, Criminalist and should therefore be proud of the skills you have, you have chosen a worthy profession and help maintain social order and law of your country, assisting in maintaining order and peace.
Not least, the names are remembered and winners names Criminal consecrated by the time they enter the story, not the case with great civility. Those who earn the right to posterity exactly this for daring to act in an unpopular cause, facing a whole society indignant defense of the accused. There is, at that time next to the weakest and most unfortunate, not because he defends the action which the client is accused, but by ethical duty, professional and human. It's Constitutional provision that no one can be convicted without defense.
Although the crime is harmful at any time the concept given to the customer to be confused with the reputation of the lawyer.
Still, the Criminal Lawyers often suffer the abuses of power and societal pressure, which commence with its clients and mix with the personality of the defender, resulting in situations where professionals are forced violating professional secrecy, through illegal searches in their offices.
There is, however, the case law to ensure that lawyers have the right to exercise freedom with the profession throughout the country, to defend the rights or interests entrusted to them; enforce in the name of freedom and defense of professional secrecy, the inviolability of his home, his office and its files, such as untouchable things.
Article 7, II, of the Statute of Advocacy and the Bar Association of Brazil guarantees the right lawyer to have respected in the name of freedom and defense of professional secrecy, the inviolability of his office or place of work, your files and data from his correspondence and communications, including telephone and related services, except in cases of search and seizure given by the magistrate.
Finally, the Criminal Law is very personal and not organized in large offices or companies. There's clientele, as in the case of the civil, tax and Labour Lawyers, for example.
I echo the words of Sir Francis Bacon: "Knowledge is Power"
Fraternal Embrace.
Roberto Bartolomei Parentoni
About the Author
Roberto Bartolomei is Parentoni Lawyer Criminalist - www.parentoni.com - activist for over 19 years, teacher and author of law books, a specialist in Criminal Law and Procedure, current president of IDECRIM - Institute for Education Law and Criminal - www.idecrim.com.br -
The Criminal Law, which many refer to as "the most exciting area of \u200b\u200blaw" is a very important and requires many skills of its employees that differ from those required by professionals in other fields such as civil and labor, for example.
Some of the skills that the Criminal should possess, in addition to calling, are the scientific knowledge of criminology and forensic science, and oratory, if they wish to serve on the jury. Do not forget also that the skills of psychology are also welcome, as always deal with people and issues that affect them, often severe.
Some qualities are essential and, according to Manoel Pedro Pimentel, Counsel Criminalist it: "courage of a lion and gentleness of the lamb, pride and humility of a prince of a slave; swiftness of lightning and persistent drop of water; Oak stiffness and flexibility of bamboo" .
The study, knowledge of the human soul, reading good books out legal issues - that add value, help to increase vocabulary - Knowledge of laws, jurisprudence and edges of the Courts, insight in the analysis of evidence, the exercise of public speaking, attention to everything and everyone, good personal impression, tact, diplomacy, ability to persuade - so nice and precise actions are essential to the criminal trial lawyer.
himself Course Bachelor of Law and Social Sciences is raided in the area of \u200b\u200bhumanities. It is impossible for a person who understands nothing of human nature, nor has a spirit capable of being touched by the human tragedy, can serve in the branches of Advocacy, especially Criminal.
One who chooses to serve this area, you should always keep in mind that the person will be defending their rights and not the crime of which the client is charged. Criminal lawyer is the voice, head and hands of the rights attributable to any person. The process
criminal in their midst will always tragic stories, the victim and the accused, because that is no less tragic the commission of a crime, though it seems, in the foreground, the victim is the one that "loses".
criminal lawyer has the function and duty to diligently review the evidence and to check whether the process excels in perfect regularity, because it depends on which justice is done and is a guarantee that the defense of his client was done in an exquisite and effective. The Criminal Lawyers
need "a stomach" as they say, be combative, and brave warriors, bringing with them a spirit fighting not only to fight inside the criminal case on behalf of his client, against the quota of any complaint or injustice of the sentences, but also to face even greater opposition from the society that often does not understand his actions.
The unsuspecting and ignorant have in mind that criminal lawyer "defends criminals", released criminals that the police tries to arrest, which is not true.
criminal lawyer defends the rights of every human person, as guaranteed by the Constitution, in Article 5, as well as wrestling, as a good lawyer and combative, so that all procedures and laws are fulfilled when a person suffers a complaint or is taken to prison.
not cogitate them that many unsuspecting innocent people suffer the arrogance of the police action, which sometimes act outside the rules and legal principles, consciously or unconsciously, does not matter. It is important that the lawyer is there to fight for the rights of the person. All unsuspecting certainly would do so if it came to themselves, if the "water hit his back."
The criminal lawyer handles personal freedom, with the repercussions of the criminal actions committed and the hardships of the human soul. How difficult and complicated the human soul with all its subjectivity and relativities!
Fame leading criminal lawyer of opening the doors of jails for criminal clients is absolutely Malda, since the attorney is a judicial parts of the constitution, since no such power, or acts unjustly, because they act in other parts the process, with the same impetus to perform their duties well. If
often by criminal lawyer suffers the hardships of the profession, he also brings many rewards, especially when you can, acting with integrity and effort, to avoid an injustice, save an innocent man from prison, a punishment too severe slowing.
He who chooses the profession of lawyer, Criminalist and should therefore be proud of the skills you have, you have chosen a worthy profession and help maintain social order and law of your country, assisting in maintaining order and peace.
Not least, the names are remembered and winners names Criminal consecrated by the time they enter the story, not the case with great civility. Those who earn the right to posterity exactly this for daring to act in an unpopular cause, facing a whole society indignant defense of the accused. There is, at that time next to the weakest and most unfortunate, not because he defends the action which the client is accused, but by ethical duty, professional and human. It's Constitutional provision that no one can be convicted without defense.
Although the crime is harmful at any time the concept given to the customer to be confused with the reputation of the lawyer.
Still, the Criminal Lawyers often suffer the abuses of power and societal pressure, which commence with its clients and mix with the personality of the defender, resulting in situations where professionals are forced violating professional secrecy, through illegal searches in their offices.
There is, however, the case law to ensure that lawyers have the right to exercise freedom with the profession throughout the country, to defend the rights or interests entrusted to them; enforce in the name of freedom and defense of professional secrecy, the inviolability of his home, his office and its files, such as untouchable things.
Article 7, II, of the Statute of Advocacy and the Bar Association of Brazil guarantees the right lawyer to have respected in the name of freedom and defense of professional secrecy, the inviolability of his office or place of work, your files and data from his correspondence and communications, including telephone and related services, except in cases of search and seizure given by the magistrate.
Finally, the Criminal Law is very personal and not organized in large offices or companies. There's clientele, as in the case of the civil, tax and Labour Lawyers, for example.
I echo the words of Sir Francis Bacon: "Knowledge is Power"
Fraternal Embrace.
Roberto Bartolomei Parentoni
About the Author
Roberto Bartolomei is Parentoni Lawyer Criminalist - www.parentoni.com - activist for over 19 years, teacher and author of law books, a specialist in Criminal Law and Procedure, current president of IDECRIM - Institute for Education Law and Criminal - www.idecrim.com.br -
Monday, November 1, 2010
Environmental Samples By Mail
MODEL "HABEAS CORPUS" REPLACEMENT custodial IN RESTRICTIVE RIGHTS IN DRUG TRAFFICKING OFFENSES X
Honorable Judge President of the Distinguished COURT OF SAO PAULO
Patient: FERNANDA INDIAN
plaintiffs DR. MUHAMMAD USAMA SAMARA
constraining Authority: MM JUDGE OF CRIMINAL LAW OF THE FORUM OF STICK COUNTY AIR CASE NO CONTROL 0000000000000 No. 00000000
by the plaintiff below-signed, with the fulcrum in Article 5, item LXVIII of the Federal Constitution, has, before you, imploring this
HABEAS CORPUS APPLICATION WITH PRELIMINARY
FERNANDA
in favor of Indian, Brazilian, cohabitating, home against an act of MM JUDGE OF CRIMINAL LAW STICK AIR
by arguments, fact and law, then alluded to.
FACTS
According remains found in inquisitorial harvest, on 17/05/2010, prison guards who were escorting prisoners at the Presidio Parade Neto in Guarulhos, managed to secure the patient to the side wall of the prison held 300 grams of narcotic substance and alleged drug traficância. Finally, on 02.08.2010, the patient was considered guilty and sentenced to 05 years imprisonment, and being a good record primary and the reprimand was reduced by 2 / 3 for a total of 1 (one) year and eleven (11) months of imprisonment in the original scheme closed, no the penalty being replaced by restricting rights by explicit legal prohibition such as raids on art. 33, caput of Law 11.343/06,
is the brief account of the facts.
FUNDAMENTALS
By denying the substitution of imprisonment for a restrictive law was no distortion of constitutional principles and the provisions of the Federal Constitution, art. 5, XLI and XLVI. To bring up this writ, therefore, to stop the violation identified by virtue of the principle of individualization of punishment and the principle of proportionality.
The legislator has pinpointed the Law 11.343/06, the new anti-drug law, repealing the Law 6368/76 and Law 10.409/00. The legislature did well at various points of law 11.343/06, in appreciation, especially for those who recognize that narcotic door, or is chemically dependent, has to be treated differently by the state of him who actually trafficked in large quantities or part of criminal organizations. And walked well, too, in paragraph 4 of Article 33 which provided: "In Caput and offenses defined in the first paragraph of this article, trafficking crimes, the penalties could be reduced by 1 / 6 to 2 / 3 fenced conversions penalties restricting rights provided that the agent is a primary and a good record and not engaging in criminal activity or criminal organizations delivered.
What actually did the legislator? Recognized the recurring phenomenon in society that is the occurrence of small traffic, or traffic privileged, or if you like that "ant" practicing a trade that has a lower figure of great dealer, this rather large quantities of narcotics trafficking. In this case, meaning that the patient was in possession of 300 grams of cocaine, packaged in a way uncharacteristic of trafficking are not in doubt I. Judgmental, and here I would call them to attention what is questioned is the expression contained in Article 44 "PROHIBITED IN converting penalties restricting rights," but I draw the attention of V.ex th, that paragraph 4 of Article 33 that there is not a criminal type, but the circumstances of the agent characterize the trafficking of a minor or minor also contains the same expression, not exactly the same, but close very similar.
lords justices are not in doubt, and is well known that the legislator has a wide discretion and which measures to adopt to protect the legal criminal society and he has this wide margin, certainly, but that margin is not unlimited and I think there should be limits and main limit to my mind is the principle of proportionality is to say in his shed in the strict sense, better, and better apply to the case expression to the principle of prohibition of excess here that defender believes that if the seal on issues similar to that the conversion of imprisonment for restricting rights in the legislator went beyond that allowed him to violating the Charter of the Republic not only proportionality, and unwritten principle that derives from the democratic rule of law, but rejected by the Judiciary of injury and threat of injury to the right, but also by the judiciary inafastabilidade injury and threat of injury rule of law in order that obstructs the judiciary in this case to assess the possibility that citizens have their sentence of imprisonment substituted in restricting rights violation, yet, due process, and closely connected here and particularly on the individualization of punishment. For the principle of individualization of punishment, "Ab initio," the mission of Law is to protect fundamental values \u200b\u200bfor the livelihood of legal goods, such as life, health, freedom, the individualization of punishment is of fundamental ethical-social criminal law following the Federal Constitution:
"art.5 ° - omissis
XLVI - the law shall regulate the individualization of punishment and
adopt, inter alia, the following:
a) deprivation or restriction of liberty;
b) loss of assets;
c) fine;
d) alternative social;
e) suspension or disqualification; "
The principle of individualization correspondence between the sentence requires the accountability of the agent's conduct and the sanction to be applied, so that the sentence reaches its goals of prevention and repression. The State therefore has a ...........................................
CONTACT usama_salin@hotmail.com
Honorable Judge President of the Distinguished COURT OF SAO PAULO
Patient: FERNANDA INDIAN
plaintiffs DR. MUHAMMAD USAMA SAMARA
constraining Authority: MM JUDGE OF CRIMINAL LAW OF THE FORUM OF STICK COUNTY AIR CASE NO CONTROL 0000000000000 No. 00000000
by the plaintiff below-signed, with the fulcrum in Article 5, item LXVIII of the Federal Constitution, has, before you, imploring this
HABEAS CORPUS APPLICATION WITH PRELIMINARY
FERNANDA
in favor of Indian, Brazilian, cohabitating, home against an act of MM JUDGE OF CRIMINAL LAW STICK AIR
by arguments, fact and law, then alluded to.
FACTS
According remains found in inquisitorial harvest, on 17/05/2010, prison guards who were escorting prisoners at the Presidio Parade Neto in Guarulhos, managed to secure the patient to the side wall of the prison held 300 grams of narcotic substance and alleged drug traficância. Finally, on 02.08.2010, the patient was considered guilty and sentenced to 05 years imprisonment, and being a good record primary and the reprimand was reduced by 2 / 3 for a total of 1 (one) year and eleven (11) months of imprisonment in the original scheme closed, no the penalty being replaced by restricting rights by explicit legal prohibition such as raids on art. 33, caput of Law 11.343/06,
is the brief account of the facts.
FUNDAMENTALS
By denying the substitution of imprisonment for a restrictive law was no distortion of constitutional principles and the provisions of the Federal Constitution, art. 5, XLI and XLVI. To bring up this writ, therefore, to stop the violation identified by virtue of the principle of individualization of punishment and the principle of proportionality.
The legislator has pinpointed the Law 11.343/06, the new anti-drug law, repealing the Law 6368/76 and Law 10.409/00. The legislature did well at various points of law 11.343/06, in appreciation, especially for those who recognize that narcotic door, or is chemically dependent, has to be treated differently by the state of him who actually trafficked in large quantities or part of criminal organizations. And walked well, too, in paragraph 4 of Article 33 which provided: "In Caput and offenses defined in the first paragraph of this article, trafficking crimes, the penalties could be reduced by 1 / 6 to 2 / 3 fenced conversions penalties restricting rights provided that the agent is a primary and a good record and not engaging in criminal activity or criminal organizations delivered.
What actually did the legislator? Recognized the recurring phenomenon in society that is the occurrence of small traffic, or traffic privileged, or if you like that "ant" practicing a trade that has a lower figure of great dealer, this rather large quantities of narcotics trafficking. In this case, meaning that the patient was in possession of 300 grams of cocaine, packaged in a way uncharacteristic of trafficking are not in doubt I. Judgmental, and here I would call them to attention what is questioned is the expression contained in Article 44 "PROHIBITED IN converting penalties restricting rights," but I draw the attention of V.ex th, that paragraph 4 of Article 33 that there is not a criminal type, but the circumstances of the agent characterize the trafficking of a minor or minor also contains the same expression, not exactly the same, but close very similar.
lords justices are not in doubt, and is well known that the legislator has a wide discretion and which measures to adopt to protect the legal criminal society and he has this wide margin, certainly, but that margin is not unlimited and I think there should be limits and main limit to my mind is the principle of proportionality is to say in his shed in the strict sense, better, and better apply to the case expression to the principle of prohibition of excess here that defender believes that if the seal on issues similar to that the conversion of imprisonment for restricting rights in the legislator went beyond that allowed him to violating the Charter of the Republic not only proportionality, and unwritten principle that derives from the democratic rule of law, but rejected by the Judiciary of injury and threat of injury to the right, but also by the judiciary inafastabilidade injury and threat of injury rule of law in order that obstructs the judiciary in this case to assess the possibility that citizens have their sentence of imprisonment substituted in restricting rights violation, yet, due process, and closely connected here and particularly on the individualization of punishment. For the principle of individualization of punishment, "Ab initio," the mission of Law is to protect fundamental values \u200b\u200bfor the livelihood of legal goods, such as life, health, freedom, the individualization of punishment is of fundamental ethical-social criminal law following the Federal Constitution:
"art.5 ° - omissis
XLVI - the law shall regulate the individualization of punishment and
adopt, inter alia, the following:
a) deprivation or restriction of liberty;
b) loss of assets;
c) fine;
d) alternative social;
e) suspension or disqualification; "
The principle of individualization correspondence between the sentence requires the accountability of the agent's conduct and the sanction to be applied, so that the sentence reaches its goals of prevention and repression. The State therefore has a ...........................................
CONTACT usama_salin@hotmail.com
Wednesday, October 13, 2010
Gay Cruising Areas In Pasco County Fl
XUXA GOOGLE
More regrettable than the intention of the presenter Xuxa Meneghel to erase his past through a request for censorship of search results from Google.
Although withdrawn from circulation and available with few copies can not "Queen of Baixinhos" casse who want the right to obtain information from Internet about the making of the film Strange Love, and especially about the fact that there was in his script, his character's relationship with a teenager.
Indexing the movie as child abuse and correlating host to this practice by Google tools, interpretation of results solely by whoever posted something about this, and we can not punish the mere portal for search optimization.
The decision is, in fact, that trend is temporary and will be overturned. It is interesting that Google has no interest in having their brand associated with pornography, so that does not allow this type of publication on YouTube or other pages of the group, and refuses to display ads on sites that are disseminating pornography.
Despite two of the biggest controversies in which the company started in Brazil say, exactly, about the unorthodox practices by our celebrities. First came the steamy sex scene in public Daniela Cicarelli on the sands of a beach in Spain, posted on YouTube, and now with the erotic video of Xuxa with a pre-teen.
fact it remains paradoxical that Xuxa, stating that in a moment not sue another giant of the Network, as contrary to censorship, but in a short time, present this case against the Google results.
SOURCE: JUSNAVIGANDI
More regrettable than the intention of the presenter Xuxa Meneghel to erase his past through a request for censorship of search results from Google.
Although withdrawn from circulation and available with few copies can not "Queen of Baixinhos" casse who want the right to obtain information from Internet about the making of the film Strange Love, and especially about the fact that there was in his script, his character's relationship with a teenager.
Indexing the movie as child abuse and correlating host to this practice by Google tools, interpretation of results solely by whoever posted something about this, and we can not punish the mere portal for search optimization.
The decision is, in fact, that trend is temporary and will be overturned. It is interesting that Google has no interest in having their brand associated with pornography, so that does not allow this type of publication on YouTube or other pages of the group, and refuses to display ads on sites that are disseminating pornography.
Despite two of the biggest controversies in which the company started in Brazil say, exactly, about the unorthodox practices by our celebrities. First came the steamy sex scene in public Daniela Cicarelli on the sands of a beach in Spain, posted on YouTube, and now with the erotic video of Xuxa with a pre-teen.
fact it remains paradoxical that Xuxa, stating that in a moment not sue another giant of the Network, as contrary to censorship, but in a short time, present this case against the Google results.
SOURCE: JUSNAVIGANDI
Thursday, October 7, 2010
Black And Chrome Desert Eagle Bb Gun
VOTE REQUIRED AND PROPAGANDA MUST ... UNTIL WHEN? POLITICAL TIME
Democracy is good, so is that, with Brazil (a) larger, literate (?), Has no criminal record (?), Which may run for any elective office. But if on the one hand, and democratically, we can vote and be voted, the other is charging that takes away free will, or we are required to attend and vote canvass free and compulsory. This staleness that accompanies us for decades and is not removed very simply for the convenience of parties and politicians in order general. If the vote comes one day to be optional I'm sure the turnout would not exceed 40% of voters. And that would oblige the parties and politicians a greater responsibility at the time of promise or support their proposals. Why defend this thesis? For the simple reason that going to vote for free enterprise voters will be much more demanding, we would not have blank or null votes and protest votes, the collection will be more direct, because, that voter will not forget for whom he voted. As for the free electoral advertising on radio and television, this is a real torment, a cynicism amazing, impossible not to laugh candidates that border the grotesque. Has anyone seen or heard of any candidate, much as the situation of opposition, any proposal on foreign policy? Some candidates spoke of relations with countries like USA, EU, China, Iran, Japan? For marketers there is no space to discuss the world and Brazil in the world? But in fact, the voter does not want to know this, and candidates say amen.
Now we are in the second round of elections more time to review who lost and who won more. The situation read PT, which already had the victory in the first round, had to collect the bands and barbecue to celebrate early. The opposition should read PSDB who already felt defeated rises from the ashes and breathed far more by the growth of Marina than his own. But it was winner Marina Silva, representing herself, the third force in these elections and that ultimately surprised everyone with its more than 20 million votes. Now it's chasing the support of Silva and his more than 20 million voters who reject the PT and the PSDB, which will make a difference in the final calculation. The PSDB
a leftist party has already begun to bury it again, as in his eagerness to support to win the election at any cost, is allied with DEM, former PFL, an avowedly right wing party, and proposes to PV up to five ministries in exchange for support. Await the unfolding of events and alliances within the hour. Let's face it, now the compulsory electoral propaganda, with only two candidates to become larger and less advertising time, fortunately.
Democracy is good, so is that, with Brazil (a) larger, literate (?), Has no criminal record (?), Which may run for any elective office. But if on the one hand, and democratically, we can vote and be voted, the other is charging that takes away free will, or we are required to attend and vote canvass free and compulsory. This staleness that accompanies us for decades and is not removed very simply for the convenience of parties and politicians in order general. If the vote comes one day to be optional I'm sure the turnout would not exceed 40% of voters. And that would oblige the parties and politicians a greater responsibility at the time of promise or support their proposals. Why defend this thesis? For the simple reason that going to vote for free enterprise voters will be much more demanding, we would not have blank or null votes and protest votes, the collection will be more direct, because, that voter will not forget for whom he voted. As for the free electoral advertising on radio and television, this is a real torment, a cynicism amazing, impossible not to laugh candidates that border the grotesque. Has anyone seen or heard of any candidate, much as the situation of opposition, any proposal on foreign policy? Some candidates spoke of relations with countries like USA, EU, China, Iran, Japan? For marketers there is no space to discuss the world and Brazil in the world? But in fact, the voter does not want to know this, and candidates say amen.
Now we are in the second round of elections more time to review who lost and who won more. The situation read PT, which already had the victory in the first round, had to collect the bands and barbecue to celebrate early. The opposition should read PSDB who already felt defeated rises from the ashes and breathed far more by the growth of Marina than his own. But it was winner Marina Silva, representing herself, the third force in these elections and that ultimately surprised everyone with its more than 20 million votes. Now it's chasing the support of Silva and his more than 20 million voters who reject the PT and the PSDB, which will make a difference in the final calculation. The PSDB
a leftist party has already begun to bury it again, as in his eagerness to support to win the election at any cost, is allied with DEM, former PFL, an avowedly right wing party, and proposes to PV up to five ministries in exchange for support. Await the unfolding of events and alliances within the hour. Let's face it, now the compulsory electoral propaganda, with only two candidates to become larger and less advertising time, fortunately.
Tuesday, September 14, 2010
Is Considered The Woman
POLITICAL TIME: "A COMPUTED RADIOGRAPHY OF OUR SOCIETY."
Enough to be hilarious, if not sad, watching the electioneering mandatory. Dozens of candidates for state representative promising what is beyond the mandate of the office sought. A promise to lower interest rates, "others" to double the salaries of retirees, "finally, letting voters despreparação of the total job they want.
But what comforts us is that we live in a democratic society "and as they say:" DEMOCRACY IS AS IS, "just as well.
Monday, September 13, 2010
Program 2006 Cobalt Remote
VENEZUELA "Judges and PREY."
The government of Hugo Chavez made one of his atrocities, now with the judiciary in Venezuela. Judge Maria Lourdes Afiuni soon after giving freedom to the banker Eligio Cedeño, a former government ally, accused of defrauding the system of exchange of Venezuela, was arrested accused of corruption and facilitating the escape of Cedeño to the U.S..
In his defense, the judge, without regret his decision, said there was a delay in the process, and the law says that when there is no trial by the fault of the judiciary, the accused may be detained for more than two years and that Cedeño was already arrested, (gasp) had three years without completion.
is evident in this case that Cedeño was more a political prisoner, and now the judge is arrested over a new policy of Hugo Chavez.
The penalty for the crimes that Judge Maria Lourdes is accused sum is more than six years but, by the way, will do anything for her to be sentenced for more than 10 years.
This is more a case of arbitrary arrests and a risk of a Judiciary without independence in Venezuela, we should not shut up to such attitudes, the international community can not remain apathetic in such cases.
The government of Hugo Chavez made one of his atrocities, now with the judiciary in Venezuela. Judge Maria Lourdes Afiuni soon after giving freedom to the banker Eligio Cedeño, a former government ally, accused of defrauding the system of exchange of Venezuela, was arrested accused of corruption and facilitating the escape of Cedeño to the U.S..
In his defense, the judge, without regret his decision, said there was a delay in the process, and the law says that when there is no trial by the fault of the judiciary, the accused may be detained for more than two years and that Cedeño was already arrested, (gasp) had three years without completion.
is evident in this case that Cedeño was more a political prisoner, and now the judge is arrested over a new policy of Hugo Chavez.
The penalty for the crimes that Judge Maria Lourdes is accused sum is more than six years but, by the way, will do anything for her to be sentenced for more than 10 years.
This is more a case of arbitrary arrests and a risk of a Judiciary without independence in Venezuela, we should not shut up to such attitudes, the international community can not remain apathetic in such cases.
Wednesday, September 8, 2010
Red Cabbage Green Poo
"NEW NATIONAL CONGRESS "????
5th of October is coming, and with it our responsibility to change the skin surfaces.
We are seeing since the beginning of an avalanche of election propaganda meaningless proposals, many of them bizarre, candidates who barely know how to make the "O" with the cup, which flatly said they do not have the slightest notion of the function of plead which have, of dubious past candidates, who make faces and mouths, play guitar, sing and scream to call the attention of the voter.
Well, are many of these candidates, so many new and "old foxes" who will be in January 2011 as part of Congress, that these representatives will be present in a variety of proposals and planning ways to tie Right, as if it were an exact science, given the pressures of the sensationalist media, who never misses an opportunity to spread news of that particular crime was committed and the offender is already loose in the streets, regardless of title that the alleged infringer bears: deliverance probation, parole, regular home visits, outreach work, as if they are not subjective rights constitutionally assured, but neglect of the authorities.
On such occasions, both as a parliamentary Brazilian people forget, again, constitutional guarantees, conquered by the Constitution of 1988, after spending a period of more than 20 years castrated by the lack of democracy and suppression of rights and constitutional guarantees, such as censorship, political persecution, the right to habeas corpus, not to mention the forced retirement of judges and the impeachment of political mandates.
Eager to meet social expectations, but in truth, in order to achieve votes, the legislature tries to tie the hands of legal authorities, with prohibitions contained in new laws, infringing fundamental rights and constitutional guarantees by the Federal Constitution guaranteed forgetting again that the Law is not the only source of law, because the judicial activity is illuminated by constitutional principles and institutions that enable secure what is the interpretation and application of truly constitutional standard that should be given to this case, interpretation and application, this one made by the Courts and Superior Courts.
so stay tuned. Do not be fooled by outlandish proposals, promises unattainable e with inconstitucionais.
5th of October is coming, and with it our responsibility to change the skin surfaces.
We are seeing since the beginning of an avalanche of election propaganda meaningless proposals, many of them bizarre, candidates who barely know how to make the "O" with the cup, which flatly said they do not have the slightest notion of the function of plead which have, of dubious past candidates, who make faces and mouths, play guitar, sing and scream to call the attention of the voter.
Well, are many of these candidates, so many new and "old foxes" who will be in January 2011 as part of Congress, that these representatives will be present in a variety of proposals and planning ways to tie Right, as if it were an exact science, given the pressures of the sensationalist media, who never misses an opportunity to spread news of that particular crime was committed and the offender is already loose in the streets, regardless of title that the alleged infringer bears: deliverance probation, parole, regular home visits, outreach work, as if they are not subjective rights constitutionally assured, but neglect of the authorities.
On such occasions, both as a parliamentary Brazilian people forget, again, constitutional guarantees, conquered by the Constitution of 1988, after spending a period of more than 20 years castrated by the lack of democracy and suppression of rights and constitutional guarantees, such as censorship, political persecution, the right to habeas corpus, not to mention the forced retirement of judges and the impeachment of political mandates.
Eager to meet social expectations, but in truth, in order to achieve votes, the legislature tries to tie the hands of legal authorities, with prohibitions contained in new laws, infringing fundamental rights and constitutional guarantees by the Federal Constitution guaranteed forgetting again that the Law is not the only source of law, because the judicial activity is illuminated by constitutional principles and institutions that enable secure what is the interpretation and application of truly constitutional standard that should be given to this case, interpretation and application, this one made by the Courts and Superior Courts.
so stay tuned. Do not be fooled by outlandish proposals, promises unattainable e with inconstitucionais.
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