Post by anik4700 on Feb 28, 2024 8:11:05 GMT 2
Trafficking had the benefit of privileged trafficking denied by the TJ-SP on the grounds that "both defendants have a history of passage through the Children and Youth Court, indicating that the defendants are involved with illicit activities since adolescence". The TJ-SP recognized that events occurring before the age of criminal responsibility are not considered bad records and recidivism. However, after noting that they can assess the "personality of the agent", the panel denied the defendants the application of privileged trafficking, "as their history of criminal acts is indicative of deformed personalities". "The STJ understood that there was no illegal constraint in the proceedings of the Court of Justice of the State of São Paulo. However, I foresee blatant illegality in the dosimetry of the sentence, authorizing the granting of the order ex officio", highlighted Fachin.
According to the minister, the state court presented "inappropriate motivation" in rejecting the cause of reduction in paragraph 4 of article 33, and must now redo the penalty with the application of the legal reduction. Fachin added that the TJ-SP must also proceed, in light of the new definitive sentence, with any resulting adjustments, notably with regard to the initial regime and the possibility of replacing the sanction de Luxembourg Phone Number priving liberty with restrictive rights. The minister stressed that his decision is based on the jurisprudence of the STF, which considers the mention of infractions to be an unsuitable basis for ruling out privileged trafficking.CHILD PROTECTION TJ-RJ validates law that forces city hall to analyze water from municipal daycare centers Sergio Rod initiative law that determines water analysis by the municipality, in accordance with city hall criteria, does not violate the exclusive competence of the Executive to provide for the structure, allocation of bodies or legal regime of civil servants.
Disclosure TJ-RJ validates law that forces city hall to analyze water from municipal daycare centers Disclosure With this understanding, the Special Body of the Court of Justice of Rio de Janeiro denied a direct action of unconstitutionality against Law 3,477/2021, of the municipality of Barra do Piraí. The rule imposes on the municipal Water and Sewage Department the obligation to promote, every four months, the collection and analysis of water samples from the reservoirs of municipal daycare centers. The Municipality of Barra do Piraí questioned the law, a parliamentary initiative, stating that it interfered in the administrative organization and management of public services, a matter of exclusive initiative by the Executive. He also claimed that it generated expenses for public coffers. The case's rapporteur, judge Benedicto Abicair, pointed out that the fact that the rule is addressed to the Executive does not imply, in itself, that it must be the mayor's private initiative.
According to the minister, the state court presented "inappropriate motivation" in rejecting the cause of reduction in paragraph 4 of article 33, and must now redo the penalty with the application of the legal reduction. Fachin added that the TJ-SP must also proceed, in light of the new definitive sentence, with any resulting adjustments, notably with regard to the initial regime and the possibility of replacing the sanction de Luxembourg Phone Number priving liberty with restrictive rights. The minister stressed that his decision is based on the jurisprudence of the STF, which considers the mention of infractions to be an unsuitable basis for ruling out privileged trafficking.CHILD PROTECTION TJ-RJ validates law that forces city hall to analyze water from municipal daycare centers Sergio Rod initiative law that determines water analysis by the municipality, in accordance with city hall criteria, does not violate the exclusive competence of the Executive to provide for the structure, allocation of bodies or legal regime of civil servants.
Disclosure TJ-RJ validates law that forces city hall to analyze water from municipal daycare centers Disclosure With this understanding, the Special Body of the Court of Justice of Rio de Janeiro denied a direct action of unconstitutionality against Law 3,477/2021, of the municipality of Barra do Piraí. The rule imposes on the municipal Water and Sewage Department the obligation to promote, every four months, the collection and analysis of water samples from the reservoirs of municipal daycare centers. The Municipality of Barra do Piraí questioned the law, a parliamentary initiative, stating that it interfered in the administrative organization and management of public services, a matter of exclusive initiative by the Executive. He also claimed that it generated expenses for public coffers. The case's rapporteur, judge Benedicto Abicair, pointed out that the fact that the rule is addressed to the Executive does not imply, in itself, that it must be the mayor's private initiative.