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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 -

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 ...........................................

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