A tortura na jurisprudência brasileira: uma análise dos critérios para a desclassificação do crime de tortura

Translated title of the contribution: Torture in Brazilian court rulings: an analysis of the criteria for the declassification of the crime of torture

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Abstract

This article, from the theoretical discussions on torture, seeks to analyze what the Judiciary Power considers torture, by analyzing declassifying court decisions from the Court of Appeals. Thus, what is taken into consideration is the discussion about the establishment of torture as a common crime as well as its apparent conflict with other crimes. The importance of judicial decisions for the shaping of law is also considered. Finally, the article seeks to understand exactly what are the differentiating elements between torture and other crimes (such as abuse, physical injury and abuse of authority, for example) weighted by the judges.
Translated title of the contributionTorture in Brazilian court rulings: an analysis of the criteria for the declassification of the crime of torture
Original languagePortuguese
Pages (from-to)135-154
Number of pages20
JournalRevista Liberdades
Issue number24
Publication statusPublished - Dec 2017

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