Post by anik4200 on Feb 18, 2024 6:12:08 GMT -5
Suffered by the co-defendant (worker) is evident", stressed the rapporteur, citing a medical certificate that confirmed post-traumatic stress disorder and extended the period of absence from work for another 90 days. D'Ambroso added that, to analyze this case, it is necessary to use a gender perspective. He recalled that Brazil is a signatory to the United Nations (UN) Convention on the Elimination of All Forms of Discrimination Against Women and cited its article 7, which provides for the obligation to "take appropriate measures to eliminate discrimination against committed by any person, organization or company". The judge also brings in his vote excerpts from the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women, concluded in Belém do Pará, on June 9, 1994.
Article 2 defines the understanding that violence against women encompasses psychological violence occurring in any interpersonal relationship and sexual harassment in the workplace. Still to substantiate his decision, the judge cites item III of article 932 of the Civil Code, which states that "the employer or principal, for his emp Special Phone Number Data loyees, servants and agents, in the exercise of the work that is their responsibility, are also responsible for civil compensation, or because of it." In addition to the labor sphere, the case is being analyzed by the Civil Police, as rape is classified in article 213 of the Penal Code, with penalties ranging from six to ten years in prison. With information from TRT-RS.The magistrate cannot act in place of the prosecuting body, as he is the recipient of the evidence, not its producer.
The sole paragraph of article 212 of the Criminal Procedure Code authorizes the judge only to complement the inquiry, to resolve unclarified points. Wavebreakmedia/Freepik Judge conducted witness testimony in the absence of the Public Prosecutor's Office Wavebreakmedia/Freepik Thus, the 3rd Criminal Chamber of the Court of Justice of Minas Gerais annulled a case from the instruction hearing and ordered that it be redone, since, in the absence of the Public Prosecutor's Office, the judge questioned witnesses directly. The defendant ended up sentenced to five years and ten months in prison for drug trafficking. Lawyers Lucas Ferreira Mazete Lima and Luiz Felippe Lima Faquineli Cavalcante , responsible for the defense, claimed that, at the hearing, the first-degree magistrate asked questions, replaced the MP and thus violated article 212 of the CPP. Judge Fortuna Grion, rapporteur of the case at TJ-MG, agreed with the thesis.
Article 2 defines the understanding that violence against women encompasses psychological violence occurring in any interpersonal relationship and sexual harassment in the workplace. Still to substantiate his decision, the judge cites item III of article 932 of the Civil Code, which states that "the employer or principal, for his emp Special Phone Number Data loyees, servants and agents, in the exercise of the work that is their responsibility, are also responsible for civil compensation, or because of it." In addition to the labor sphere, the case is being analyzed by the Civil Police, as rape is classified in article 213 of the Penal Code, with penalties ranging from six to ten years in prison. With information from TRT-RS.The magistrate cannot act in place of the prosecuting body, as he is the recipient of the evidence, not its producer.
The sole paragraph of article 212 of the Criminal Procedure Code authorizes the judge only to complement the inquiry, to resolve unclarified points. Wavebreakmedia/Freepik Judge conducted witness testimony in the absence of the Public Prosecutor's Office Wavebreakmedia/Freepik Thus, the 3rd Criminal Chamber of the Court of Justice of Minas Gerais annulled a case from the instruction hearing and ordered that it be redone, since, in the absence of the Public Prosecutor's Office, the judge questioned witnesses directly. The defendant ended up sentenced to five years and ten months in prison for drug trafficking. Lawyers Lucas Ferreira Mazete Lima and Luiz Felippe Lima Faquineli Cavalcante , responsible for the defense, claimed that, at the hearing, the first-degree magistrate asked questions, replaced the MP and thus violated article 212 of the CPP. Judge Fortuna Grion, rapporteur of the case at TJ-MG, agreed with the thesis.