User:Elinruby/Brazil

The Mining Code is a Brazilian federal law, published by Decree-Law nº 227, of February 28, 1967, which regulates the administration of mineral resources by the Union (Brazil), the mineral production industry and distribution, trade eoconsumption of mineral products in Brazil.

In 1891, the Republican Constitution was promulgated, which linked subsoil ownership to that of the soil, which was separated with the New Constitution of 1934. Furthermore, the National Department of Mineral Production (DNPM) was created.

With the granting of the Constitution of the Estado Novo, in 1937, the use of mineral deposits was restricted only to Brazilians or companies formed by Brazilians. A year later, in 1938, the National Petroleum Council was created, which nationalized oil refining and regulated its import and transportation. In 1940, Constitutional Law no. such as the 'Code of Mines'. The Mining Code defined the rights over deposits and mines, established the regime for their use and regulated State intervention in the mining industry. Six years after the creation of the Mining Code, in 1946, the New Constitutional Order reopened mining in the country to the participation of foreign capital, and extended the Single Taxation, created in 1940, to all minerals in Brazil. The Brazilian Ministry of Mines and Energy (MME) was then created in 1960.[1] Finally, in 1967, Decree-Law No. 227 was created, called the ‘Mining Code’, which is in force to this day. On July 25, 2017, the Mining Code underwent changes, through Provisional Measures 789, 790 and 791, which changed the CFEM rate, created the National Mining Agency, in addition to new rules and taxes, aiming to modernize the normative base of Brazilian mining.

The Native Vegetation Protection Law (LPVN), popularly called the New Brazilian Forest Code[1][note 1] (Law No. 12,651, of May 25, 2012,[2] arising from Bill No. 1,876/99[ 3]), it is the Brazilian law that provides for the protection of native vegetation, having revoked the Brazilian Forest Code of 1965.[4]Since the 1990s, the proposal to reform the Forest Code has sparked controversy among ruralists and environmentalists.[ 4]The project that resulted in the current text was processed for 12 years in the Chamber of Deputies and was prepared by deputy Sérgio Carvalho (PSDB of Rondônia).[4]In 2009, deputy Zini from PCdoB was appointed rapporteur of the project, having issued a report favorable to the law in 2010.[4]The Chamber of Deputies approved the project for the first time on May 25, 2011, forwarding it to the Federal Senate. On December 6, 2011, the Federal Senate approved it by 59 votes against 7 Aldo Rebelo's project (in the Senate, the project acquired the name "Law of the Chamber nº 30 of 2011")[4][5] On April 25, 2012, the Chamber approved an amended version of the law, even more favorable to the ruralists, who celebrated.[6]In May 2012, President Dilma Rousseff vetoed 12 points of the law and proposed the amendment of 32 other articles."[7] After Congress approved the "New Forest Code", NGOs, activists and Social movements organized the "Veta Dilma" movement, calling for a full veto of the Bill.[4

Brazilian criminal justice is ...

Historical background
Civil law came to Brazil with the Empire of Brazil.

Originally a plantation economy, Brazil abolished slavery in several stages during the 19th century.

Constitution of Brazil

Hamilton, Brian, et al. Brazilian Political Corruption: An Analysis of the Cardoso-Lula-Rousseff Era - System of Patronage Dating Back to Colonial Brazil and Military Dictatorship with a Melting Pot of Political Parties. N.p., Amazon Digital Services LLC - KDP Print US, 2018.

Ministry of Justice
The Ministry of Justice was created under the Empire of Brazil, through the decree of 3 July 1822, by Pedro I of Brazil, como Secretaria de Estado dos Negócios da Justiça.(pt)

Under Article 2 of the current Federal Constitution, the Ministry of Justice and Public Security cannot interfere in the judiciary branch.


 * caput (?) of article 144 of the Federal Constitution.

Judiciary
Article 92 of the Constitution divides the judiciary into nine organs: four individual superior courts (STF, STJ, TST, CNJ), four types of courts and judges (federal regional, labor, electoral, military), and courts and judges at the state level, including the Federal District and the territories.

Superior courts
Article 92 of the Constitution named five superior courts. They are: the Supreme Federal Court, the Superior Court of Justice, the Superior Labor Court, the Superior Electoral Court, and the Superior Military Court. Magistrates who make up these courts are called ministers.

Supreme Federal Court
The Supreme Federal Court is the constitutional court of Brazil. An attempt was made without success at the Constitutional Assembly of 1988 to create this court, and again in 1992 as part of the greater push for judiciary reform. It finally became law 12 years later.

In May 2009 The Economist called the Supreme Federal Court "'the most overburdened court in the world, thanks to a plethora of rights and privileges entrenched in the country's 1988 constitution (...) till recently the tribunal's decisions did not bind lower courts. The result was a court that is overstretched to the point of mutiny. The Supreme Court received 100,781 cases last year.'"

Superior Labor Court
Brazil labor reform (2017)



Public prosecution
Federal Prosecution Office (MPF) database, the Car Wash investigation resulted in 361 convictions at first instance and billions of dollars in fines and financial settlements with companies involved.

Public defenders

 * pt:Defensor público – about the general topic, applying to any country
 * The pt:Defensoria Pública da União (DPU) is an autonomous body that ensures the constitutional duty to guarantee everyone access to legal defense, regardless of their means
 * pt:Defensoria Pública do Estado – appears to be a stub duplicate of pt:Defensoria Pública da União that should be merged with it
 * pt:Defensoria Pública do Brasil – autonomous body of the state; overlaps others, probably a superset or nearly another duplicate

Police forces
There are three national police forces in Brazil: the Federal Police, Federal Highway Police, and the National Force.

Federal Police
2023 Brazilian Congress attack

National Police


Pacifying Police Unit

Prisons and detention centers
Only China and the United States have larger person populations than Brazil. Its 811,000 inmates are a result of a 170% increase in incarceration between 2000 and 2015. Massive overcrowding has resulted, in a prison system where conditions are deplorable by tradition.

Prison violence frequently spills over to the outside world.

Juvenile offender facilities
Youths are not punished under the penal code, but under the Brazilian Statute of the Child and Adolescent.

While some politicians, notably Sergio Cabral, have argued for lowering the age of criminal responsibility from the current eighteen, in a get-tough-on-crime measure, opponents have so far prevented this.

Inciardi JA, Surratt HL. Children in the streets of Brazil: drug use, crime, violence, and HIV risks. Subst Use Misuse. 1998 Jun;33(7):1461-80. doi: 10.3109/10826089809069809. PMID: 9657412.https://pubmed.ncbi.nlm.nih.gov/9657412/

Code of criminal procedure
The Brazilian Code of Criminal Procedure (CPP) governs Brazilian criminal proceedings. The National Congress legislates on criminal procedure. Its purpose is to organize the system of criminal justice originating in the penal Code of Brazil and other miscellaneous legislation.

The current code was written by Francisco Campos (Brazilian politician) and instituted by decree-law No. 3,689 of 1941, by then President Getúlio Vargas, with 811 articles. It went into effect 1 January 1942.

Code reform
The current Code of Criminal Procedure, in force since the Third Brazilian Republic (Estado Novo) period, and the 1088 Brazilian Constitution. Some legislative changes were made in 2008, but the Senate, dissatisfied, established a committee to develop a new Code, whose draft was delivered on 22 April 2009.

Special criminal laws
The Comissão parlamentar de inquérito, (Parliamentary investigative commission), or parliamentary commission of inquiry. For example, "CPI da Petrobras" ("Petrobras CPI"). See #CPI da Petrobras.

Drug laws
Brazilian Amazon at risk of being taken over by mafia, ex-police chief warns: Alexandre Saraiva gives alert on organised crime in region ahead of anniversary of killings of Dom Phillips and Bruno Pereira, Tom Phillips in Rio de Janeiro and Jonathan Watts in Altamira The Guardian 1 Jun 2023.

Organized crime laws
The Dark Side of Competition: Organized Crime and Violence in Brazil GIMENEZSTAHLBERG-DISSERTATION-2021.pdf (7.463Mb) Date 2021-10-28 Author Gimenez Stahlberg, Stephanie 0000-0002-3739-0351

++++
 * Known prison gangs
 * São Paulo’s Primeiro Comando da Capital (PCC)
 * Rio de Janeiro’s Comando Vermelho
 * Família do Norte (FDN) controls the lucrative drug trading route through the Amazon.

Cybercrime laws
Estelionato link=pt:Estelionato
 * Estelionato ("confidence game") is the crime of obtaining for oneself or someone else an unlawful advantage (vantagem ilícita) to the detriment of others, by misleading someone by deception or any other fraudulent means. One of several crimes that are considered a "". See  Article 171.
 * Estelionato has a secondary meaning of "phishing" in the context of e-mail spam.

Criminal procedure
[https://en.m.wikiversity.org/wiki/Comparative_law_and_justice/Brazil#:~:text=The%20criminal%20law%20system%20in,of%20judges%20and%20eleven%20justices. Comparative law and justice/Brazil - Wikiversity] A newly adopted law introduced 'rewarded collaboration' (Colaboração premiada) a type of plea bargaining involving sentence reductions for defendants who cooperate in investigations. Costa's deposition showed which political parties controlled Petrobras.

Arrest and detention
Prisão preventiva: Roughly, "preventive detention". Prisão preventiva is a pre-trial, precautionary detention defined by §311–316. pre-trial.

Prisão temporária: precautionary detention, which may be used in the investigation of a serious crime. A 1989 law replaced the former prisão por averiguação (investigatory detention) which was found to be contrary to fundamental rights defined in the 1988 charter. Only used in certain high crimes where the subject might impede the investigation if not detained, or where they have no fixed address or their identity cannot be established.

Pre-trial proceedings
Pre-trial detainees make up nearly 40 percent of the prisoners in Brazilian prisons. Less than half of these prisoners are eventually convicted.

Others
In Brazil, an expert criminal witness (perito criminal) is a public servant, police officer or not, who may play a legal role in a criminal trial. Specialized in finding or providing technical or expert evidence through scientific analysis of traces left behind in the commission of a crime. Crime scene experts analyze crime scenes, identifying, recording, collecting, interpreting and storing evidence, and are responsible for establishing the dynamics and suspected perpetrators of crimes and providing the evidence that will be used during criminal proceedings.

Challenges and issues
Brazil's colonial past as a plantation economy built on forced labor continues to permeate its society today and contributes to an otherization of labour.

Amazon
Police losing narco war in deadly Amazon region where duo disappeared: A key police outpost lies in ruins after a daring raid – a sign of the growing danger on an increasingly lucrative smuggling route, Tom Phillips and Dan Collyns, 16 Jun 2022 13 Jan 2023

Impunity
Political Capture in the Petrobras Corruption Scandal: The Sad Tale of an Oil Giant Monica Arruda de Almeida and Bruce Zagaris The Fletcher Forum of World Affairs Vol. 39, No. 2, Lights Out For Oil? The Climate After Paris (SUMMER 2015), pp. 87-99 (13 pages) Published By: The Fletcher School of Law and Diplomacy Political Capture in the Petrobras Corruption Scandal: The Sad Tale of an Oil Giant Media Leaks and Corruption in Brazil: The Infostorm of Impeachment and the Lava-Jato Scandal], Damgaard, Mads Bjelke, Taylor & Francis, 2018.

Caixa 2 slush fund (lit. "cashbox two") unrecorded funds typically used as a slush fund for bribery or money laundering.

Overcrowding in prisons
Mass incarceration and overcrowding created a fertile ground for the spread of prison gangs and the related cocaine trade through the amazon

"Brazil's prison violence is legendary" according to NPR. "The homicide rate for inmates is six times higher than the national average." Only some prisoners are faced with it however, since those that meet certain criteria are guaranteed a secure cell of their own and sometimes even house arrest.

Carandiru Penitentiary

Tracking the spread of tuberculosis in Brazilian prisons Tracking the spread of tuberculosis in Brazilian prisons: Stanford infectious disease expert Jason Andrews has spent years studying the spread of tuberculosis in crowded Brazilian prisons and surrounding communities — an overlooked global health crisis.

December 16, 2021 - By Krista Conger two rival gangs of drug trafficking, the Primeiro Comando da Capital (PCC) and the Família do Norte (NDF) (allied to the Comando Vermelho (CV)) clashed in what was considered the most violent massacre in the history of the Brazilian prison system since the slaughter of Carandiru (1992).

Corruption and police misconduct
“THE RISK IS WELL PAID LOL”: Brazilian Anti-Corruption Prosecutor Gave Secret Talk to Bankers and Took Money From a Company He Was Investigating, The Intercept

Corruption is so prevalent in Brazil that it has developed a specialized vocabulary. For example the verb malufar, to hsteal public money is derived from a politician legendary for graft the verb malufar was created, meaning "to steal public money", was coined from the family name of Paulo Maluf, a long-time politician notorious both for his graft and his impunity.

Undue advantage: {{defn |{{ghat|{{crossreference |selfref=no |see {{gli|vantagem indevida}}, {{gli|corrupção ativa}}, {{gli|corrupção passiva}}}}}} Illicit funds. Literally, "undue advantage" is a literal translation of {{lang|pt|vantagem indevida}}, from a type of corruption called {{gli|Recebimento de vantagem indevida}}: literally, "Receipt of undue advantage" (or "illicit", "improper", "unfair", "unjustifiable", etc.) advantage (or "benefit", "profit", "gain", etc.) This is a form of corruption, either active ({{gli|corrupção ativa}}) or passive ({{gli|corrupção passiva}}) involving payment or receipt of improper advantage (economic or otherwise) or the promise of it, from someone in public office, or before or after their term of office if related to their function while in office. The term comes up in several places in the {{gli|CPP}}, including article 217 (regarding {{gli|corrupção passiva}}), article 316 ({{gli|concussão}}), article 333 ({{gli|corrupção ativa}}), and others.

Inequality and access to justice
"...members of Jair Bolsonaro’s far-right government portrayed the crime as the fruit of a local conflict unconnected to the devastation inflicted on the Amazon by his anti-environmental policies and dismantling of Indigenous protections."

Source: O mito da justiça penal igualitária no Brasil

Recent reforms and initiatives
Constitutional and legislative reforms since the late 1980s have greatly strengthened the judicial system in Brazil, enabling successful prosecution of major corruption cases. The reforms chiefly responsible for this new power in the judiciary include the introduction of plea bargaining, creation of new institutions with oversight power over the judiciary and the Public Prosecutor's Office; competitive, merit-based selection of judges and prosecutors; greater autonomy for the Federal Public Ministry and the Federal Police, and greater access to public office for citizens.

Some of these reforms are incorporated in the 1988 Brazilian Constitution and some stem from legislative initiatives. These have led to huge improvements in the efficiency of the system, especially since the 1990s, and have enabled very major crimial investigations to take place, such as Operation Car Wash which discovered widespread, major corruption and led to the levy of three billion dollars in fines against major corporations, and the arrest of hundreds of people, including numerous politicians up to the highest levels, including governors, senators, and two presidents, in the largest scandal in the country's history, which received worldwide attention.

Anti-corruption measures
Acordo de leniência: a leniency agreement between a company and legal authorities. An agreement a company enters into with law authorities, to reduce their exposure to fines for criminal activity in exchange for something; typically an agreement to assist in investigations. Part of the #Anti-Corruption Act.[1][2] Chapter 5 of the #Anti-corruption Act provides the legal underpinning for companies to enter into leniency agreements with the authorities.[3] Similar to #Delação premiada in its plea bargaining aspect, but as a leniency accord deals with a company's assets not its employees. see #Odebrecht leniency agreement.

Anti-Corruption Act aliases: Clean Company Act; Law no. 12.846/2013 law enacted in 2014 targeting corrupt practices in Brazil. It defines civil and administrative penalties, as well as the possibility of reductions in penalties for cooperation with law enforcement under a written #Acordo de leniência (Leniency agreement). see #Lei anticorrupção

Bilateral and multilateral agreements
Anderson Torres

Extradition process
does not usually extradite citizens born in Brazil

1961 extradition treaty w/ US

Notable cases and landmark decisions
As a result of the 2023 Brazilian Congress attack Brazil's Electoral Court system has barred Jair Bolsonaro from again becoming president until at least 2030..

Impeachment of Dilma Rousseff

High-profile criminal cases
British reporter Dom Phillips and Bruno Pereira disappeared in the Javari Valley region of the Amazon, a remote area known for its lawlessness.

EXPLAINER: Crime, impunity surge in Amazon’s Javari Valley AP By MAURICIO SAVARESE and FABIANO MAISONNAVE June 8, 2022

Homicide at the Brazilian Senate

Reproductive rights
ADI 3510: In 2008, the STF declared embryonic stem cell research legal.

In ADPF 54, the STF ruled that it did not violate the constitutional right to life. This decision was significant in shaping discussions on reproductive rights in Brazil.

Minority rights
ADI 4277 and ADPF 132: In 2011, the STF ruled in favor of same-sex marriages.

In 2020, the STF made a historic ruling forcing the Bolsonaro government to protect indigenous communities from COVID.

ADPF 186 and ADI 3330 : In 2012, the STF recognized the constitutionality of affirmative action policies in higher education. The court upheld the use of racial quotas to promote diversity and address historical inequalities in ADPF 186 in April, and ADI 3330 in May of 2012.

Free speech
ADPF 187: In 2011, the STF ruled in favor of the right of people to protest in favor of the decriminalization of drugs.

Others
Noting the reluctance of the Bolsonaro administration to investigate threats against the government, the Supreme court (STF) granted itself the power to do so.


 * Publicação reúne decisões emblemáticas do Supremo sobre direitos da mulher


 * Publicação reúne decisões emblemáticas do Supremo sobre direitos da mulher


 * 12 decisões históricas do STF, segundo Luis Roberto Barroso