Competência para o processo e julgamento dos crimes contra a organização do trabalho
This article deals with the competence to process and prosecution of crimes against the organization of labor, provided for in articles 197 to 207 of the Brazilian Penal Code, which is a theme that motivates discursões doctrinal, after the Federal Supreme Court upheld the ADIN No. 3684-0, with effec...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2012
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4450259 |
| Source: | Cognitio Juris, ISSN 2236-3009, Vol. 2, Nº. 5, 2012, pags. 43-51 |
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| Summary: |
This article deals with the competence to process and prosecution of crimes against the organization of labor,
provided for in articles 197 to 207 of the Brazilian Penal Code, which is a theme that motivates discursões doctrinal,
after the Federal Supreme Court upheld the ADIN No. 3684-0, with effect ex tunc, to assign interpreting the
Constitution according to its Article 114, paragraphs I, IV and IX, stating that, within the jurisdiction of the Labour
Court, jurisdiction does not enter to adjudicate criminal cases. Thus, the doctrine has created distinct streams to
determine how it would be defined competence for prosecution and trial of crimes against labor organization. This
paper presents the chains that deal with the topic and points that jurisdiction for prosecution and trial of such
crimes should be defined according to the interests injured. |
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