Direito 2º Semestre 2022.2

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Author: search.filters.author.NICOLA, Fabricio SilvaSubject: search.filters.subject.Parecer Jurídico

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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) PEREIRA, Ana Carolina Balbino; MORAES, Gustavo Zuli; ALVARENGA, Jeniffer da Nóbrega; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a consultation formulated by Lívia Roberta, in which the issues that will be discussed below are brought up. Initially, the consultant claims to have been sexually abused by her uncle “Sérgio Lorota” when she was eleven years old, informing that when she turned nineteen she decided to report the perpetrator of the criminal acts.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) PINTO, Lara Aparecida; LOPES, Pedro Afonso Peçanha; BRAGA, Vitória da Silva; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    That the consultant is a business administration student, resident in the capital of São Paulo and states that at the age of 11 (eleven) she lived through one of the worst phases of her life, as she was sexually abused on numerous occasions by her uncle, Sérgio “Lorota”, a fact that caused her serious emotional and psychological damage.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) FRIGO, Laura Rossi de Oliveira; LINOS, Vitória Juliana; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by LÍVIA ROBERTA, which presents the following questions: 1. Criminal Procedural Law. Since Sérgio ‘Lorota’ was heard before the police chief without the presence of a lawyer, can the investigation and the entire process be annulled because of this fact? 2. Criminal Law. If he is convicted in this case in which he is accused of rape of a vulnerable person, will Sérgio Lorota serve his entire sentence in prison? 3. Civil Procedural Law. Is this appeal by the financial institution correct? Can it, even after the deadline, file the appeal with yours? 4. Civil Law. Is clause no. 12 of the “Provision of Services and Attorney Fees” contract correct? Is it permitted to charge fees at that level? With this in mind, taking into account the questions raised by the consultant and which constitute this opinion.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) MARTHA, Isabella Mapelli; SILVA, Larissa Cristina da; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    Lívia Roberta, the consultant for this opinion, begins by discussing the sexual abuse she suffered several times during her childhood, around the age of eleven, at the hands of her uncle Sérgio ‘Lorota’. After years of silence and the development of countless emotional and psychological traumas, Lívia finally decided to file a complaint about everything she had experienced during her childhood. It so happened that after the police investigation was opened, Sérgio tried to escape, however, he was found a few days later, taken into preventive custody and subjected to interrogation, but without the presence of lawyers at the time. After the investigation process was concluded, the police chief forwarded the case to the Criminal Court and officially opened the criminal proceedings, considering the crime as defined in art. 217-A of the Penal Code.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-09-30) FERREIRA, Eduardo Lourenço Diniz; TESTA, Henrique Jorge Dias; CAIÇARA, Lucas Silva; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    According to Lívia, she claims that she was raised in a humble family, with her four brothers, her mother and her uncle, called Sérgio ‘Lorota’, and she tells us that when she was eleven years old, she was repeatedly sexually abused by Sérgio. At nineteen years old, Lívia decided to report the incident to the authorities, who proceeded to open a police investigation at the 1st Women's Police Station in the city of Francisco Morato (scene of the crime), registering the police report and Lívia's statements.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) SILVA, Bruno César Pinhotti da; EVANGELISTA, Diego Tadeu Alonso; ANDRIOTTI JÚNIOR, Rubens; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    In a consultation held on September 2022, Lívia, the current consultant, reported that, at the age of eleven, she was sexually abused more than once by her uncle, Sérgio ‘Lorota’, who at the time of these events lived with her and her family in the municipality of Francisco Morato/SP. She reported that she only decided to report the abuse she had suffered at the age of nineteen, filing a report at the 1st Women’s Police Station in the municipality. After a police investigation, Sérgio was charged with the conduct provided for in art. 217-A of the Penal Code.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) ASSIS, Aline Fernandes de; GARCIA, Samantha; PORCEL, Vinicius Moreira; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    Consultant Lívia Roberta spent her childhood and adolescence in the small town of Francisco Morato, where she lived in precarious conditions with her four siblings, her mother and her uncle Sergio. Currently, at twenty-one years of age, Livia lives in the capital of São Paulo and is on her way to completing her business administration degree. Although her new situation is more favorable, she still carries deep traumas from her childhood, such as the sexual abuse she suffered at the hands of her uncle Sergio when she was 11 years old. The crime was reported to the authorities when she turned nineteen. After the abuse was reported, a police investigation was opened at the Women's Police Station in Francisco Morato, where the police report and the victim's statements were filed.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) TESSARO, Ana Julia Dutra; STRAZZA, Daniel Cruz; DUTRA, Larissa Fatima; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    Present on October 14, 2022, Ms. Lívia Roberta, now a consultant, reported having been the victim of numerous acts of sexual violation, committed by her mother's brother, who goes by the nickname Sérgio “Lorota”. The events began when the consultant was only eleven years old and lived in the municipality of Francisco Morato, together with her mother, her brothers, and her uncle Sérgio, and left her with profound emotional and psychological damage.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) MONTEIRO, Ana Julia de Aro; ROSSI, Luiz Guilherme Mangueira de Almeida; PERAL, Renan Araujo; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query made by Lívia Roberta about the possibility of annulling the police investigation and the criminal proceedings, given that her uncle and suspect, Sérgio Lorota, was questioned by the Police Chief without the presence of a defense attorney.
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) CREMASCO, Antonio Francisco Rodrigues; OLIVEIRA, João Gabriel Ferreira de; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    Present on September 30, 2022, Ms. Lívia, now a consultant, now 21 years old, reported that, approximately two years ago, she filed a criminal complaint with the police authority at the 1st Women's Police Station in Francisco Morato against her uncle, Mr. Sérgio 'Lorota', for having committed sexual abuse against her while she was still a child. A police investigation was opened.
Direito autoral ou direito de autor é um conjunto de prerrogativas conferidas por lei à pessoa física ou jurídica criadora da obra intelectual, para que ela possa usufruir de quaisquer benefícios morais e patrimoniais resultantes da exploração de suas criações. É derivado dos direitos individuais e situa-se como um elemento híbrido, especial e autônomo dentro do direito civil.