Direito 2º Semestre 2022

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Pareceres Jurídicos

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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) SILVA, Angélica Germano da; LAVELLI, Gabriella Gomes; CARVALHO, Izabela Cardenal; SILVA, William Cardozo; CAMPOS, Márcia Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Consultant Lívia in order to resolve doubts arising from her personal experience. The Consultant narrated that, in childhood, while living with her four brothers, her mother and her uncle, she was sexually abused more than once by the latter, named Sérgio and known by the nickname “Lorota”. Furthermore, Lívia sought out the authorities and denounced what had happened when she was nineteen years old and already residing in the capital of São Paulo, where she is studying Administration. As a result, a police investigation was launched to determine the facts at the 1st Women's Police Station in Francisco Morato, where the police report and statements made by Lívia were recorded.
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    (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, Fabrício Silva
    Lívia Roberta, who consulted this opinion, begins by talking about the sexual abuse she suffered during her childhood, when she was eleven years old, by her uncle Sérgio ‘Lorota’. After years of silence and the development of numerous emotional and psychological traumas, Lívia finally decided to file a complaint about everything that she had gone through in childhood.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) NOVENTA, Beatriz Turatti; MOREIRA, João Victor Bernal; FERNANDES NETO, Nelson; SILVA, William Cardozo; CAMPOS, Márcia Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    The Consultant, Lívia Roberta, 21 years old, informs that at the age of 11 she was sexually abused by her uncle, Sérgio Lorota, more than once, and, as a result of such facts, suffered deep emotional and psychological damage .
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    Parecer Jurídico
    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) CREMASCO, Antônio Francisco Rodrigues; OLIVEIRA, João Gabriel Ferreira de; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabrício Silva
    Attending on September 30, 2022, Mrs. Lívia, now a consultant, now 21 years old, reported that, about two years ago, she presented, to the police authority of the 1st Women's Police Station in Francisco Morato, news of a crime against her uncle, Mr. Sérgio ‘Lorota’, by practice, against himself, even as a child, of sexual abuse. A police investigation was initiated.
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    (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 formulated by Lívia Roberta on the possibility of annulment of the police investigation and the criminal process, since her uncle and investigated, Sérgio Lorota, was questioned by the Chief of Police without the presence of a defender. Also, ask if Sérgio is convicted of the crime of rape of vulnerable, he will fully serve the sentence in a closed regime. In sequence, it was asked about the possibility of the other party, in civil proceedings, of reciprocal succumbing in a sentence, to propose an appeal, even if the period established by law has already elapsed. Finally, he questioned whether the contract signed with another lawyer in relation to the provision of services and attorney fees is in compliance with the law, given the percentage required by the lawyer, Cléber.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) 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
    As informed by Lívia, she alleges 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, was repeatedly sexually abused by Sérgio. At the age of nineteen, Lívia decided to communicate what had happened to the authorities, who proceeded with the initiation of a police inquiry at the 1st Women's Police Station in the city of Francisco Morato (place of the crime), with the incident report and Lívia's statements being recorded. .
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) BERNARDES, Guilherme Pires; GIMENES, Letícia Domingos; CARVALHO, Lucas Vallim; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Lívia Roberta, a Business Administration student, in view of the narrated facts.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) SILVA, Ana Clara Aznar Santos; CACHOLI, Júlio César Cavini; GONÇALVES, Leticia Pires; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Lívia Roberta regarding the case narrated below, in which it is questioned: the possibility of the investigation and the process being annulled because the police investigation was carried out without the presence of a lawyer, if Sérgio is convicted , will fully serve the sentence in a closed regime, if the appeal filed by the financial institution after the deadline is applicable and if the charging of fees at the level of 60% (sixty percent) of the economic benefit that the consultant obtains in the action against the financial institution.
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    (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 a precarious situation with her four brothers, her mother and her uncle Sergio. Currently, at the age of twenty-one, Livia lives in the capital of São Paulo and is on her way to finishing her business course. Despite her new situation being more favorable, she still carries deep traumas from her childhood, such as the sexual abuse suffered by her uncle Sergio with 11 years old. The crime was reported to the authorities at the age of nineteen. Once the abuses were reported, a police inquiry was initiated at the Francisco Morato Women's Police Station, where the police report and the victim's statements were recorded.
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    (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
    It is a query formulated by Lívia Roberta, in which the issues that will be discussed below are brought up. Initially, she alleges that the consultant had been sexually abused by her uncle “Sérgio Lorota” when she was eleven years old, informing that when she turned nineteen she chose to denounce the agent of the criminal facts.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) GONÇALVES, Leticia Pires; SILVA, Ana Clara Aznar Santos; CACHOLI, Júlio César Cavini; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Lívia Roberta regarding the case narrated below, in which it is questioned: the possibility of the investigation and the process being annulled because the police investigation was carried out without the presence of a lawyer, if Sérgio is convicted , will fully serve the sentence in a closed regime, if the appeal filed by the financial institution after the deadline is applicable and if the charging of fees at the level of 60% (sixty percent) of the economic benefit that the consultant obtains in the action against the financial institution.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) SILVA, Ana Beatriz Castilho Noronha; BACHESCHI, Heda Nayra dos Santos; FERRARI, Helder Estevão; SILVA, William Cardozo; CAMPOS, Márcia Maeno; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query carried out by Lívia Roberta to clarify doubts.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) LODI, Juliana Gobetti; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    Consultant Lívia Roberta requested consultation on certain legal issues involving both civil and criminal matters.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) PEDRILHO, Bianca Bertollini; SANTOS, Jaciara Roberta da Silva; LIMA, Laila Caroline de; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a consultation opinion formulated by Ms. Lívia Roberta, Brazilian, single, university student, to discuss legal facts.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) PEREIRA, Angela Cristina; GONÇALVES, Beatriz Carvalho; JESUS, Fernanda Teixeira de; SILVA, William Cardozo; CAMPOS, Márcia Maeno de; BORSARI, Juliana Marques; NICOLA, Fabricio Silva
    This is a query formulated by Lívia, a Business Administration student in São Paulo/SP, regarding issues related to the field of Criminal Procedural Law, Criminal Law, Civil Procedural Law and Civil Law, respectively.
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) BALBINO, Julia Helena Valim; ALVES, Sabrina Fernanda; SILVA, William Cardozo; CAMPOS, Márcia C. Maeno de; BORSARI, Juliana Marques; NICOLA, Fabrício Silva
    It is a query formulated by Lívia Roberta, who after completing her nineteen years sought the authorities to report the abuses committed by her uncle Sérgio when she was still only eleven years old. With the report made to the authorities, a police inquiry was initiated to verify the facts, at which time the police chief interrogated the accused without the presence of his lawyer, since he did not obtain an express request from the party for the participation of the accused. of his patron during the interrogation, considering the accused's lack of knowledge of this right.
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    (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, Fabrício Silva
    This is a query formulated by LÍVIA ROBERTA, which presents the following questions: 1. Criminal Procedural Law. Due to the fact that Sérgio 'Lorota' was heard before the police chief without the presence of a lawyer, could the investigation and the whole process, due to this fact, be annulled? 2. Criminal Law. If he is convicted in this process in which he is accused of rape of a vulnerable person, will Sérgio Lorota fully serve his sentence in prison? 3. Civil Procedural Law. Is this financial resource correct? Can she, even after the deadline, present the appeal next to yours? 4. Civil Law. Clause n is correct. 12 of the “Provision of Services and Attorney Fees” contract? Are fees charged at that level allowed?
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    (Centro Universitário da Fundação de Ensino Octávio Bastos, 2022-11-30) PASTRE, Felipe Teixeira; MENDES, Helena Coracini; MORAES, Isamara Fernandes de; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; LIMA, Daniele Arcolini C. de; NICOLA, Fabrício Silva
    This is a query formulated by Cristina. He asks about the possibility of receiving compensation from the agronomist known by the nickname Toninho, in view of the loss of BRL 50,000.00 that he caused in his grape plantation.