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Radio Cultura FM debate ban on the Law of Clean Sheet

Dear readers,

Last Saturday, (26) as usual, I was participating in the painting "Your Right Your Duty" program "Morning of Culture" on Radio Cultura FM.

On occasion, debating how the journalist Erivan Lima's recent ban on the Supreme Court of apliação of Complementary Law 135 (Clean Record) to the 2010 elections.

Indeed, this regulatory standard, derived from social movements and popular initiative, was one of the most useful and beneficial laws in recent years. However, suffered over the constitutionality. As well

wrote the lawyer and journalist Piauí Pedro Alcantara, the vote of the new minister, Luiz Fux in the case of trial clean sheet of the process, saved the Supreme Court. Understand the reasoning. Imagine the Pope to deny the existence of God, or go around saying that Jesus Christ never came by. Imagine Kamenney Ayatollah, Iran's religious leader, Muhammad denied the Koran and tear, or even the Tibetan spiritual leader Dalai Lama Buddha contest. It would be a radical change of stock, and watering habits and thoughts.

The Supreme Court is the guardian of the Constitution. It is he who is claiming what is written in the charter of the country. If the Supreme Court does not respect the constitution, who will respect them? The constitutional text does not was modified. They made a law to punish and stop spreading conduct prohibited by public or even ordinary people.

Now, instead of a law, which should have been approved was an amendment. So yes, there would be no defense. Clean Sheet The law is one of more modern mechanisms that this country has produced in the field of law, but unfortunately it can not supersede the constitution. From this perspective, the minister Fux saved the Supreme Court that with their vote, remains the protector of the constitution.

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Untitled

As you probably noticed Maalinowe experiencing a "light" crisis. After the last stop a few things have changed. Blog got a new heading, as we grew up with two wonderful, creative person. Unfortunately, the same number of designers had to say goodbye. Monica and Phil left the blog. After this loss was not MaalinoweMetamorfozy been the same since it was LadyGaga_144 aka Philip was an icon of this page. So I think you should be surprised by our message.

MaalinoweMetamorfozy Blog is closed and it is a decision not to appeal

now very, very much and even more I wanted to thank all the stylists who worked for this blog, and without which I never miss out such a great reputation .

-Monica

-Ola

-Matilda

-Sylvia

-Veronica

And the biggest thanks to the founders of the blog and the undisputed master of stylization of the site Stardoll.com werbelek ...

Philip and Carol

I also thank those who supported the blog, commented on our metamorphosis and have been with us even in difficult moments. Let me mention a few nicks

- BEATKA

- Trinnyty

- lo0la777

- Bella.996

- Ewanilla

- BeleVile

- pedrosia

- Tola .. xD

- Elcias

(The order does not matter)

Okay, I will not be more prolonged. Shall I just write a farewell.

: D

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DICTATORSHIP? Mrs Bele prohibits expressions of community leaders in the House Surge

Amid the solemn session in honor of Women's Day, held on the afternoon of Friday (18), while the coordinator of the UMP-Core Peaks, Nega Mazé made use of word, the full City Council Peaks, where the event happened, began to empty.

residents and community leaders began to remove the numerous tracks which could be read complaints about problems in different people from Pico neighborhood.

As the session was happening inside the plenum, outside residents gathered and began to pray an "Our Father." In due course the Mayor, Councillor Iata Anderson (PSB), also accompanied by the councilman Victor Hugo (PMDB), left the floor and were listening to the people.

Residents expected to be granted a brief moment to read a message and deliver a paper on the problems of neighborhoods.

Walmir Father Lee, pastor of the Parish of St. Joseph the Worker, the present session, retreated without wanting to talk to the aldermen. Community leader, Wellington Dantas, said it had been offered a time for the priest to make use of the word, however, the plans were changed.

Text: Jailson Days (Riachão Net) and Photos: Francisco Rodriguez

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ELECTION: FTS changes understanding regarding the vacancy of an alternate rout

The issue of proportional substitute the mandates continue to challenge conflicting decisions in the Supreme Court, expanding on the theme gibberish already consolidated in the tradition the Electoral Law.

Last Thursday (17), the Minister Ricardo Lewandowiski confirmed its understanding that, in cases unrelated to party loyalty, the vacancy belongs to the coalition's deputy, not only the party .

READ PRECAUTIONARY MEASURE TO PUBLISH WARRANT FOR SECURITY STF

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Drone applies in Cori and ranks for the Semifinal

SEP (Society Sports Piaui), completed the first phase of the Tournament Drive with 100% success rate. The "Drone" won all three matches with nine points and stayed in first place in Group C. Cori-Sabbá against the team applied a new rout.

Playing in the stadium Helvidius Nunes, on Saturday night (19), SEP did not give a chance for the team of Florian. And as has happened in the tournament the touchdown - and Rigoberto Edson Pitbull - again resolved. The first goal came after just 10 minutes. Fabiano made good move by the left and crossed for Pitbull just sink to the bottom of the networks and make 1-0.

Well distributed in the field "Hornet" dominated all actions. And the second goal was scored on 30 minutes. Rigoberto took back four of fails in the face of goal to shoot at the right corner of goalkeeper Amorim. At 39 minutes Edson Pitbull made good move on the right raised in the area but the defender eventually diverting Jefferson head against his own heritage. And the first half ended 3-0.

range in the back of the SEP did not pull the brake hand. However, despite all the pressure people from Pico scored only once in the second step. And with him again, Edson Pitbull. In a bid to blast in the 26th minute, striker tore, broke up the back four and tried to pass Rigoberto, but defender slammed the ball that was sweet for the feet of striker who had not forgiven and made his fifth goal in the competition to seal the score at 4-0 for SEP.

Source: News Rodeador

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Cocaine "weak" (low toxicity) do not generate crime

A judge of the Supreme Court of Madrid acquitted a drug dealer accused of selling cocaine because the drug was so adulterated that "Did not actually pose a risk to public health."

According to the court ruling, published in the Official Gazette on Monday, the cocaine seized did not meet the minimum levels to be classified as toxic.

The dealer, a Romanian immigrant whose name was not released by justice, was caught red-handed in 2008 after selling bags of cocaine in Madrid.

However, the toxicology laboratory of the police identified only 11.7% purity in the amount seized, a level considered sufficient to classify the substance as toxic.

New decision

After being sentenced in 2008 to three years in prison for a crime against public health, the trafficker appealed the sentence, arguing that the drug was poor. With that, he got a retrial and was acquitted.

The court decision states that "repealing the previous sentence because the amount seized is clearly below the threshold for toxicity to be considered for risk public health. "

For a English court, the traffic must be characterized by degrees of purity and the amount of narcotic drug found with the carrier: 50 milligrams of cocaine, 40 milligrams of hashish and 10 milligrams of ecstasy.

If the amount seized is less than this rating, the law considers the consumption and no traffic, so there is no penalty since consumption is not considered a crime in the country.

Comments:

What made the English Supreme Court? Applied the principle of insignificance. Narcotic substance with low toxicity is not sufficient to characterize the crime of trafficking in narcotics. The English law, unlike Brazil, many years ago admits insignificance, including the crime of trafficking.

Why?

Because we are dealing with a crime of "posesion" ie, mere possession of a thing is already a crime. Homicide in an injury to an effective life. In an attempt to murder there is a risk concrete for the lives of others.

In possession of drugs is a real risk of danger to the lives of others (danger danger).

You can see that when the law punishes the mere possession of drugs she punishes the "threat of danger." The guy has not killed anyone. The guy did not set in concrete risk anyone's life. Only the danger that such a risk may occur is already punishable by law. This danger would be abstract or concrete?

The doctrine and jurisprudence in Brazil say that this is an abstract danger (do not give due weight to the principle of offensiveness). The mere possession of a drug, regardless of their toxic content, it would be a crime. Abstract danger, therefore (which is unconstitutional). This is not how he behaves the English jurisprudence, which works with the correct concept of real danger (while respecting the constitutional principle of offensiveness).

The substance must be actually (specifically) toxic, with the level of actual risk (public health) to be considered criminal. It took care of my doctoral thesis, supported by 01.02.2001 at the University Complutense of Madrid. I worked with all the classic English jurisprudence. Also in our book on drug law (RT). We have written extensively on the subject. But as Nietzsche said, conscious of this is a posthumous work!

Another important detail: the possession of drugs for personal use in Spain is not a crime (in Brazil this subject has been confusing). And there, moreover, the criterion (for the user to distinguish the dealer) is the quantity: 50 milligrams of cocaine, 40 milligrams to 10 milligrams of hashish and ecstasy. Below that it's possession for use, not a crime.

We have much to learn from Spain in this area rather toxic drug world. Onward!

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Elena6573

Breaking a 15-day: p

face before:

Whenever you visit has always haunted me Your smiley. Make-up could be do not know how compelling but you face a terrible system. Nose and mouth are much too high. After all, I like how you chose each item. Make-up is trivial. I guess only the cheeks and hair save overall look c: My Rating: 5 / 10

your doll facial metamorphosis probably did a month ago: D you looked just a reminder:
face after:

I regret very much that if you had darker skin. I honestly do not remember what drove me while painting dollki so I do not quite know how to describe it: D It reminds me of a participant in the contest dance - so much: d

costume before:

your doll completely lost all proportion in this outfit. Perhaps the most strikes me the lack of neck. I think przekombinowałaś, zmieniłabym up because the dress and scarf somehow an average match. Shoes too. No bags somehow does not bother you very much. Overall, even I like it. My rating: 7 / 10















Dress by:

's why, through which many do not add it - Outfit. I have them just do not know how to create ... What you have prepared a loose set consisting of rozpikselowanych trousers, blouses, wide belt and a cool skate. Weird shoes on his feet in the role of additives hat, sunglasses and bracelet. I do not know how else to describe it.

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jaVka97

face before:

face and hair as most of it! Uwieelbiam red hair color \u0026lt;3 Mejkap I do not like, there will be no transition between the shadows, his cheeks look dirty. Lip color in order. Mole me a little teasing. 4 / 10

face after:

lipstick lips painted black, because no other I did not fit. The eyes painted blue pencil, a light blue shadow and eyeliner the same color. At the water line I added a white crayon. I changed to a shorter hairstyle and its color is not changed.

costume before:

I like this jacket and shoes, shirt also in order. Skirt I do not like, certainly not in this zestawie.Nie know what they are doing the smoke here. The top and bottom are completely different. I miss here some bags. 2.5 / 10

Dress by:

have created for you regular set, which is eager to włożyłabym at each other in real life. I put your doll a brown leather jacket with tassels, underneath the flowery, a loose blouse and a clear tube. I put shoes on my feet from Campbell, and the boots are not the Decades, which I hid under my pants.

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OAB: Senate does not accept the end of the pre-employment examination

The Committee on Constitution and Justice (CCJ) Senate rejected a proposed constitutional amendment (PEC) presented by Senator Geovani Borges ( PMDB-AP), which sought to abolish the examination of OAB. The subject is controversial.

The National Bar Association was positioned in the opposite direction to approval. For its President (Ophir Cavalcante) "Brazilian society, in its most esmadora, has demonstrated in favor of the Examination Order. We have research that shows that 85% of students who are favorable to prove it. " The TRF

1st Region, in turn, overturned the injunctions issued by federal judge in Mato Grosso. The OAB has been successful (in the second instance) in all cases of injunction granted at first instance, waiving the examination of OAB.

In December 2009 the Supreme Court recognized the existence of general repercussion, but so far it definitely was not positioned on the subject. There are about 1.3 million of law graduates in Brazil "descarteirados.

am particularly keen to take the order, but I believe their quality and transparency could be improved. The Bar Association has hired the Fundacao Getulio Vargas for the preparation of evidence. What remains now is to hire another company supervision, so as not to repeat the problems that had in the past exams.

A single alternative that could be considered in relation to the examination order would be: college student with highest grade MEC, since it was approved in the CBD, with participation of a representative of the OAB. That of course depends on the law.

For now, everything remains unchanged. We to wait for the final positioning of the Supreme Court (in general repercussion). In terms of legislation is dead proposal to end the examination of OAB.

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CRIMINAL: (In) compatibility between intent and eventual murder

* By Luiz Flavio Gomes and Ferraz de Sousa Aurea Maria

The Second Chamber of the Supreme Court has just posturing to the mismatch between the intent and the eventual murder by item IV of § 2 of Article 121 (surprise, deception, concealment or ambush).

The decision was rendered in the case of HC reported 95.136/PR Minister Joaquim Barbosa. The defense claimed to be incompatible with the eventual intention of qualifying to Article 121, paragraph 2, section IV, also called for the reduction of sentence and the removal of the impossibility of progression of the sentence. The defendant was convicted by the Parana to the completion of 18 years' imprisonment, fully met in a closed regime, having run over and killed a couple who was walking on the sidewalk.

As is known, according to Law 8.072/90 the crime of murder is considered heinous (art. 1, I) and, by 2007, the completion of his sentence should be given full under closed. The trial Parana probably occurred before the Law 11.464/07 which amended § 1 of Article 2 of the Heinous Crimes Act so that today, in theory (because this new rule has also been rejected by case law), the heinous crime and treated to it are met initially in closed regime.

Well. The fact is that the patient's writ claimed to have recognized some of this largesse, having arrived to the Supreme Court to do so.

According to Minister Joaquim Barbosa, there are precedents in the Supreme Court that has already guided by the inability to charge a homicide with eventual intent to murder by the assumptions of section IV of § 2.

The topography of murder shows, sequentially, the following practices: 121, caput - voluntary manslaughter; 121, § 1 - murder privileged; 121, § 2 - murder qualified; 121, § 3 - manslaughter; 121, § 4 - and upper bounds on the 121, § 5 of the acquittal. Note that there is no mention of any intentional homicide, a construction of the doctrine that imputes the agent to deliberate criminal act, in fact, do not want the result, but within the possible predictability recognizes the occurrence of the outcome and accept .

In this respect it is worth remembering the theories of fraud: a) will theory, b) representation theory and c) theory of consent or assent. By the theory of will, guile when there is direct conscious will want to practice a criminal offense. By the theory of representation, the agent provides the result as possible and still chooses to continue to conduct. The third theory, however, is the fact that links in comment, because, according to the theory of consent, the agent provides the result as possible and still continues in practice taking the risk of producing it .

The qualifying attributed to the subject, the Minister Joaquim Barbosa noted that the position of the STF is the sense of incompatibility with the eventual intention, since it would only apply when there malicious intent, or when the author really wants the resulting death and does so even more reprehensible, whether through treachery, ambush, or by concealment or other feature that makes it difficult or impossible to defend the victim, which decided not to have occurred in the case at trial in this writ.

Likewise stood Minister Gilmar Mendes in the trial of 86,163 HC: is manifest incompatibility between the eventual intention that "implies a mere acceptance of a possible outcome - and a qualifier of the resource that makes it impossible to defend the victim, what a preordained agent claims to criminal conduct ".