Direito 2023.2

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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) GRACIANO, Guilherme Henrique Rombaldo; PRIMO, Gustavo Romero; MANGUSSI, Pedro Vinicius Carvalho; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a consultation formulated by Eliane, a chemical engineer by training and with experience in large companies in the cosmetics sector, with the purpose of clarifying the doubts presented below. In harmony with what was described by the consultant, Eliane, a victim of cuts in the company where she worked was fired, under pressure from her husband, she sought various means to find employment and guarantee an income for the future of her family. In this search, she discovered that her passion for cooking could bring her the income she was looking for, so she began to make various types of treats and create posts on her social networks.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) LAVOURA, Diogo Bianchi; SILVA, João Pedro Elias da; COSTA, Octavio Fabri da; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de
    This is a query made by Eliane about some of the factors listed below. Given an incident in which she was involved, she seeks clarification regarding the typicality of the crime in which Aureliano Marcondes, vice-governor, allegedly killed a newborn, constituting the crime of homicide or infanticide. She also deals with electoral impediments to the possible candidacy for the position of governor of the current vice-governor who was reelected. Thirdly, she expands on the possibility of annulling a sentence due to irregularities in due process in the production of expert evidence in a civil case. Finally, she deals with the patrimonial liability of Individual Micro Entrepreneurs.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) CORATITO, Camila Aparecida Sanches; SILVA, Katriny dos Reis e; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a query made by the client Eliane regarding issues involving the penalty imposed on a third party for co-authorship of a crime, the possibility of eligibility for the candidacy of the Vice-Governor for the position of State Governor, the restriction of defense in the production of evidence within the process, and the patrimonial responsibility of the individual microentrepreneur.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) FELIX JÚNIOR, Fernando Aparecido; SILVA, Luiza Maria da; MACÁRIO, Tamires Tais de Paula; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a query made by Eliane regarding events in her personal life. When she started selling bread and cakes, the consultant gained notoriety by promoting her products on social media, where she met Aureliano Marcondes and, later, they began an extramarital relationship. During a conversation between the two, the possibility of Aureliano running for governor next year was questioned, given that he was in his second consecutive term as vice-governor. In this query, Elaine asks whether there are any constitutional impediments to a politician running for another office.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MIURA, Christian Minoru Silva; CHAGAS, Diogo Leonel das; JESUS, Isabel Reis de; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a legal consultation made by Eliane, through which she requests clarifications regarding the crime committed by the Vice-Governor of the State, Aureliano Marcondes; regarding the constitutional impediments to the candidacy of the Vice-Governor for the position of Governor of the State, disregarding any criminal conviction for a crime committed; regarding the nullity of a civil lawsuit against the company that supplies professional coffee makers, whose expert report was not disclosed to the author; and regarding the consultant's financial liability, in view of the MEI debt of her name with the ALPHA bank that was collected in court.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) COSMO, Ana Lívia Rodrigues; GOMES, Evelyn Ceccon da Silva; VERGILIO, Gabriela Oliveira; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    Given the tumultuous events that marked Eliane's life, from the loss of her job due to the pandemic to the upheavals in her personal and professional life, the conclusion is a complex reflection of the choices and circumstances faced by the consultant. Eliane, initially an unemployed chemical engineer, found in her passion for cooking an innovative way to face financial challenges. Her success as a digital influencer provided not only recognition, but also the opportunity to undertake by opening a physical store. However, the exposure on social media triggered conflicts in her relationship with her husband, César, and attracted the unwanted attention of the Vice-Governor, Aureliano Marcondes. The plot becomes more complicated with the development of an illicit relationship between Eliane and Aureliano, resulting in a pregnancy with uncertain paternity. The adversities increase with financial problems, lawsuits against her MEI and, finally, the tragedy involving the birth of her daughter and the crime committed by Aureliano.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) ABREU, Breno Dellis de; SILVA, Isabela Hillary Moreira; GUILHERME, Maria Laura; SANTOS, Tamiris Bezerra dos; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    Eliane, affected by the consequences of the pandemic, was a victim of cuts at the company where she worked and became unemployed. However, she discovered her passion in the culinary area, and as a form of promotion and sales strategy, she started publishing videos of her recipes on social networks such as Instagram and Tik Tok. Making this her new source of income.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MENDES, Melissa Minelli; BASILIO, Thales; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÙVA, Rafael Bragagnole
    This is a query formulated by Eliane, a chemical engineer, microentrepreneur in the confectionery sector and mother, in which the consultant raises the following doubts, but before addressing the questions themselves, it is important to summarize the context that led to the need for these questions: Due to the cuts made by the company she worked for, Eliane was fired, forcing her to look for ways to earn an income to support her family. In her various searches, Eliane discovered that her love for cooking could, together with the internet, guarantee a satisfactory income for her and her husband. Some time after Eliane started her entrepreneurship together with advertising on the internet, she attracted several people, many of them were men who complimented her all the time because of her beauty and charisma. The comments made her husband jealous, which caused several arguments.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MACIEL, Carina Bono; BARBOSA, Patrícia Flores; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÙVA, Rafael Bragagnole
    This is a legal consultation made by Mrs. Eliane about issues experienced during an extramarital relationship, which led to several problems in her love life and finances, culminating in the commission of a crime against the life of her newborn daughter, in addition to a civil lawsuit involving her micro-business. The consultant reports that she became pregnant after starting an extramarital relationship and when she learned of the pregnancy, her ex-husband abandoned her. Her lover helped her during the pregnancy, even though there were doubts as to whether he was the alleged father. Upon discovering that her ex-husband was the father of the child, Eliane became very angry, as she wanted the baby to be her lover's daughter. After the birth of the child, showing signs of postpartum depression, the consultant felt a strong desire to end her own daughter's life.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) BLAZZI, Ana Clara Ramos; SILVA, Gabriela Sizino da; BREDA, Giovana Jacovete; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a query formulated by Eliane on four different subjects. They are: who can be held responsible for the crime of infanticide, whether there is any constitutional impediment for the vice-governor to run for governor, whether a process can be annulled due to lack of notification of the party and whether personal assets can be affected by MEI debts.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) CUNHA, José Guilherme Ferreira Lopes da; JESUS, Lucas Machado de; RIBAS, Victor Mariano; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a query formulated by Eliane about the possibility of the assets of an individual being affected by the debt of their MEI, about the viability of the Vice-Chief Executive's candidacy for Chief Executive (disregarding any criminal convictions), about the incidence of homicide or infanticide in the case presented, together with the comparative analysis of their respective sentences and about the possibility or not of annulling the process exposed by the consultant, observing the moment of this potential annulment.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) ZAN, Maria Eduarda Morgado; HONÒRIO, Maria Vitória da Silva; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÙVA, Rafael Bragagnole
    This is a query formulated by Elaine, regarding the possibility of the crime committed by Aureliano, when he commits infanticide by taking the life of his lover's newborn daughter. Aureliano then had his sentence reduced between two and six years.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) SANTOS, Maria Cecília Bezerra Leres dos; CHAGAS, Victoria Gouveia; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÙVA, Rafael Bragagnole
    This is a query formulated by Eliane, a chemical engineer with experience in large companies in the cosmetics sector, who, with the arrival of the pandemic, was the victim of cuts made by companies, thus becoming unemployed, at a time of insecurity and financial adversity.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) COSTA, Ana Flavia da; SCUCUGLIA, Camila Máximo; RAMOS JÚNIOR, Eduardo Roberto; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a query made by Eliane about: (a) what crime Aureliano Marcondes committed; (b) the possibility of Vice-Governor Aureliano Marcondes running for State Governor; (c) the viability of annulling the case, given that the principles of full defense and adversarial proceedings were violated; and (d) whether Eliane's personal assets will be affected by the debts of her CNPJ. Eliane, a chemical engineer working at a high-profile cosmetics company, had a stable life, but that changed after the arrival of the global pandemic. Eliane became unemployed and, consequently, her husband became concerned about the time of uncertainty and financial challenges that the family would face.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) BARBOSA, Ana Carolina Galati; SANTOS, Carolina Marchese; GERMINARI, Cauã Rodrigues; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a query formulated by Eliane after her entire life was turned upside down due to the changes caused, initially, by the Covid pandemic.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MARTINS, Izabela Domingos; PUCINELLI, Júlia Ferreira; RODRIGUES, Savana; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a query formulated by Eliane, about events in her personal life such as the death of her son, the reelection of Aureliano Gomes in a different position from the previous one, the lack of notification during a process and doubts about how the assets of her MEI company can be affected. The consultant Elaine informs that during the COVID-19 pandemic she lost her job, so she decided to improve her skills in making artisanal breads and cakes to provide the necessary income for herself and her husband. This was very well received on social media to boost sales.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) ALMEIDA, Giovanna Junqueira Mariano de; SANCHES, Karine Aparecida; RUBIM, Victoria Grossi; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; FARIA, Luiz Francisco Soeiro de; CAMBAÚVA, Rafael Bragagnole
    This is a query made by ELIANE about the facts. She says that, with several financial and personal problems involved, she discovered that she was pregnant and was not sure about the paternity of the child; her new partner Aureliano, who was giving her all the support, or her ex-husband, who abandoned her when he found out about the pregnancy and slandered her as an “adulteress”. Very shaken and desperate, she realized that the girl was her ex-husband’s daughter; under the influence of the puerperal state, she asked her lover to murder her newborn daughter in the bathtub, because the child was too much work and there was resentment about his paternity. In addition to having agreed, her partner tried to hide the body before being caught by passersby. She remains uncertain about what crime Aureliano Marcondes will answer for after killing his newborn baby at the request of the consultant.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) ARAÚJO, Gabriela Ferreira de; MATEUS, Leticia Ferreira Silva; CAMPOS, Nicole de Oliveira Silva; SILVA, Rosana Ribeiro da; SANSEVERINO, Cyro Gilberto Nogueira; PALOMO, João Fernando Alves; BARBOSA, Vanessa Cristina; CAMBAÚVA, Rafael Bragagnole
    Hypothesis of infanticide committed in a group of people; feasibility of election to the position of governor; possibility of appeal in proceedings; penalty for failure to appear at a conciliation hearing.
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    Providências Jurídicas: Direito Administrativo
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) MENEZES, Ana Clara Peixoto Oliveira de; BISPO, Brenda Costa; MONTEIRO, Larissa Ketley da Silva; GIMENEZ, Márcio Vinícius Galliego; BRANDI, Maria Gabriele Rossetto; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; LIMA, Daniele Arcolini C. de; NICOLA, Fabricio Silva
    The defendant, Jorge Valadares, a striker signed by Cruzeiro, was participating in the Brazilian Football Championship against Atlético Mineiro. During the match, the coach of the team ordered his player "Marquinhos" to mark the defendant, preventing Valadares from reaching any possible attacks. The player, excited by the strong marking, kicked Marquinhos, who ended up being thrown off the field, which resulted in the interruption of the game and a foul applied by Damba, the referee of the game, which initially resulted in a yellow card. After the interruption of the act, the defendant pointed his fingers and called the Senegalese referee a monkey. After the red card was applied, the striker kneed the Senegalese in the thigh and elbowed him in the ribs, which resulted in his expulsion and exit from the field amid boos.
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    Providências Jurídicas: Direito Internacional
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2023-11-30) CARMO, Catherine Sanches Pellegrino Alves do; SOUZA, Francielly Gonzaga de Souza; BUZELLI, Giulia Territo Moreira; SARTORI, Mikaely Mayara da Silva; ANTONIETO, Sara Vinche; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; LIMA, Daniele Arcolini C. de; NICOLA, Fabricio Silva
    After a decision was made by the Minister of State for Justice and Public Security, an act was published on the expulsion and a fixed period of prohibition from re-entering the national territory of the defendant, who was notified of the expulsion on September 25, 2023. Abidugun is a Nigerian national and is imprisoned in Brazil, serving a 5-year prison sentence for drug trafficking. An investigation was opened, the defendant presented his defense and the witnesses were heard. However, expulsion was the administrative measure recommended and established by the Minister of State for Justice and Public Security.