Note that Brazilian criminal justice has elements of both the adversarial system and the inquisitorial system. It is mostly based on the adversarial model, but it's kind of a hybrid. In criminal proceedings, the adversarial system is followed, with the prosecution and defense presenting their cases and arguments before an impartial judge who acts as a neutral arbiter, so that's adversarial. As in any adversarial system, the judge's role is to ensure a fair trial, rule on evidentiary matters, and deliver a verdict based on the presented evidence and legal principles (as in the U.S., for example, which follows the adversarial system). But there are also certain inquisitorial elements as well: during the investigative phase, judges have an active role in overseeing the gathering of evidence, conducting interrogations, and issuing search and arrest warrants, as in the French system. Also, judges can initiate investigations in specific circumstances. Mathglot ( talk) 08:19, 24 June 2023 (UTC)
"In December 1963, Arnon de Mello — father of former president Fernando Collor de Mello — murdered a colleague on the floor of the Brazilian Senate." [1]
He was acquitted.
References
Elinruby ( talk) 23:08, 25 June 2023 (UTC)
Based on a recent re-perusal of Corruption in Brazil, in matters of corruption it seems the offense is criminal if committed by an individual but if the same action is committed by a corporation or political party the matter is dealt with through administrative sanctions Elinruby ( talk) 23:16, 25 June 2023 (UTC)
I've been using the handy and powerful {{ Excerpt}} template to selectively transclude some content (generally the lead, or portions of it) of other articles into this draft. This is a way to get some readable content into the article quickly so we can see what it might look like as we start to flesh it out. The downside of {{ Excerpt}} is that you either get a chunk of content from the other article, or you don't; you can't just tweak the wording a bit to your liking, or add a sentence or cut one out, so it's a bit of a blunt tool. (You can, however, include/exclude at the level of paragraphs, tables, and images, but not at a more fine-grained level.)
Later, once the article is more developed, we can refine the results by actually copying the content of an excerpted section into the article instead of excerpting it, and then it can be modified as desired, as with any content. On the other hand, excerpting is an established way of growing articles, and if the advantages outweigh the disadvantages for any particular excerpted section, then we can just leave it in. Mathglot ( talk) 20:17, 29 June 2023 (UTC)
|only=paragraphs
to a few of the sections near the top where the Politics of Brazil navbar was getting included, and this param keeps the text, and excludes everything else. This has fixed the multiple navbar issue. We should probably use |only=paragraphs
by default in all of our excerpts, unless we're positive we want images, navbars, tables, or whatever else the other page section may have. So basically, it was due to laziness when I first used {{
Excerpt}}.
Mathglot (
talk) 23:00, 9 July 2023 (UTC)
In general, excerpts have both
advantages and disadvantages which are good to be aware of. I consider them a good way to "jump-start" this draft, and when it looks full of content and not too many empty sections left, we can do a walk-through of all the excerpted sections and decide case-by-case if they're good enough, or if we need different wording or entirely different content, and then just copy it from the child article where needed and then adjust, or entirely rewrite the section. One other thing: the default for {{
Excerpt}} is to include hatnote with an [edit] link, so you can just hit 'edit' to edit the section, even though it's only in the other article. I find these confusing, so I've suppressed them with |hat=no
, but we can revisit that as needed.
Mathglot (
talk) 23:33, 9 July 2023 (UTC)
Yep not complaining or I would say so directly. If anything I am overly direct. Just was getting lost in the templates yesterday (hey wouldn't that be a great title?). Am semi-back with fan on. If forecast is to be believed it gets cooler from here. Elinruby ( talk) 00:01, 10 July 2023 (UTC)
This page from the STF has a long Table of Contents listing themes of Brazilian criminal justice, with every list item linking to a brief summary of the topic of about a paragraph or so down the long page:
https://portal.stf.jus.br/publicacaotematica/vertema.asp?lei=1324&1332
A lot of these would be good sources for this article, and if not already covered in the glossary, for that, too. Mathglot ( talk) 20:07, 7 July 2023 (UTC)
Can't find it and it matters for financial crimes. [1] Elinruby ( talk) 12:55, 9 July 2023 (UTC)
probably a cut and paste error. There's a heat dome and it's deliriously hot right now. Probably quote needs trimming, will revisit later today. Need cold bath right now. Elinruby ( talk) 20:48, 9 July 2023 (UTC)
As Environmental Crimes Destroy the Amazon, Brazil Fails to Act, 26 July 2022I, by INCI SAYKI, OCCRP (Above source may not be familiar but was involved in the South American end of the Panama Papers investigation, which among other tbings brought us Operation Car Wash) Another timg I am unsure of is whetber "crime" is used here in the narrow sense that would put it in the article scope, ie falls under the criminal justice not the administrative law system.
Elinruby (
talk) 03:53, 10 July 2023 (UTC)
I see I am still making a lot of typos and not closing tags... maybe too soon. Going to go drink some more water, definitely dehydrated. Maybe call doctor in AM in case they want to bump the surgery up. (Nothing serious in and of itself but I wound up in the hospital on antibiotics for four days the last time I ignored this. The theory is that the surgery will go better if the inflammation and infection are cleared up...color me unimpressed with hospitals here) Anyway, thank you for your patience, and I think I will confine myself to these rough drafts for tonight. Elinruby ( talk) 04:07, 10 July 2023 (UTC)
There's a complex history about classism, [1] in the prisons especially, and of the military dictatorship's incarceration of its political opponents In the same prison, leading to the organization of these gangs, [2] [3] [4] but they have now morphed into full-fledged cartels [5] [6] that threaten the rule of law, [7] particularly in the Amazon. [8] [9]
The two largest gangs, the Primeiro Comando da Capital (PCC) and Comando Vermelho (CV), have their own articles on en-wikipedia, but it still feels like an undertold story. I certainly had no idea, and while I don't claim expertise on Brazil, I'm paying more attention to the place than most English speakers on here. I think the murder of the Guardian reporter may have focused attention on what was under Bolsonaro essentially a lawless territory. [10] [11] Elinruby ( talk) 06:40, 12 July 2023 (UTC)
Elinruby Can you have a quick look at this to see if it is releasable or what needs to be done? I’m still away (back soon) and have limited phone editing capability and got a draft-deletion warning. I’ll try an alert that Brazilian IP and if you know Paulo S’s username maybe him too. Thanks. Mathglot ( talk) 06:59, 13 April 2024 (UTC)
The § Historical background section could be considerably expanded. Suggesting the following structure, or similar, following the breakdown at Campilongo (2016):
The Deffenti-Barral-2016 book in which Campilongo's chapter appears is an excellent resource for this entire article, and should be looked at further for additional support. Mathglot ( talk) 03:40, 15 April 2024 (UTC)
Elinruby, do you remember
this edit requesting update of
§ Code reform? Could you either add a |reason=
parameter to the {{
update}} template, or just update whatever you think is needed, as I'm not sure what needs updating here. Thanks,
Mathglot (
talk) 05:25, 15 April 2024 (UTC)
Here are some sources with lists of top STF decisions, that could be used to expand the list:
Mathglot ( talk) 07:58, 15 April 2024 (UTC)
References
Prior to the latest revision, 45 empty or short sections contained an {{ expand section}} template, each one with its own, indivdualized "find sources" query in Portuguese, each of which will likely yield reliable sources to expand the section in question. That many templates cluttered the Draft and made it look unreleaseable, so I removed them. However, the queries are still useful, so they have been preserved in the context of the article section they originally belonged to, but with all the body text stripped out; that is, a copy of the article with *just* the section headers and the {{ expand section}} templates in their original section. This can be found at Draft talk:Brazilian criminal justice/Expand sections. Mathglot ( talk) 03:44, 17 April 2024 (UTC)
The defender's requests do not interfere with the odds of the judge imposing pretrial detention, even when controlling for the variables that ought to explain the behavior of law. Thus, despite the recent reforms introduced in Brazil's Criminal Procedure Code designed to promote a shift toward a model with accusatorial characteristics (Ballesteros et al., 2019), our results indicate that the decision‐making process at Custody Hearings remains essentially inquisitorial.
Elinruby (
talk) 22:01, 20 April 2024 (UTC)
Database: SocINDEX with Full Text
Note that Brazilian criminal justice has elements of both the adversarial system and the inquisitorial system. It is mostly based on the adversarial model, but it's kind of a hybrid. In criminal proceedings, the adversarial system is followed, with the prosecution and defense presenting their cases and arguments before an impartial judge who acts as a neutral arbiter, so that's adversarial. As in any adversarial system, the judge's role is to ensure a fair trial, rule on evidentiary matters, and deliver a verdict based on the presented evidence and legal principles (as in the U.S., for example, which follows the adversarial system). But there are also certain inquisitorial elements as well: during the investigative phase, judges have an active role in overseeing the gathering of evidence, conducting interrogations, and issuing search and arrest warrants, as in the French system. Also, judges can initiate investigations in specific circumstances. Mathglot ( talk) 08:19, 24 June 2023 (UTC)
"In December 1963, Arnon de Mello — father of former president Fernando Collor de Mello — murdered a colleague on the floor of the Brazilian Senate." [1]
He was acquitted.
References
Elinruby ( talk) 23:08, 25 June 2023 (UTC)
Based on a recent re-perusal of Corruption in Brazil, in matters of corruption it seems the offense is criminal if committed by an individual but if the same action is committed by a corporation or political party the matter is dealt with through administrative sanctions Elinruby ( talk) 23:16, 25 June 2023 (UTC)
I've been using the handy and powerful {{ Excerpt}} template to selectively transclude some content (generally the lead, or portions of it) of other articles into this draft. This is a way to get some readable content into the article quickly so we can see what it might look like as we start to flesh it out. The downside of {{ Excerpt}} is that you either get a chunk of content from the other article, or you don't; you can't just tweak the wording a bit to your liking, or add a sentence or cut one out, so it's a bit of a blunt tool. (You can, however, include/exclude at the level of paragraphs, tables, and images, but not at a more fine-grained level.)
Later, once the article is more developed, we can refine the results by actually copying the content of an excerpted section into the article instead of excerpting it, and then it can be modified as desired, as with any content. On the other hand, excerpting is an established way of growing articles, and if the advantages outweigh the disadvantages for any particular excerpted section, then we can just leave it in. Mathglot ( talk) 20:17, 29 June 2023 (UTC)
|only=paragraphs
to a few of the sections near the top where the Politics of Brazil navbar was getting included, and this param keeps the text, and excludes everything else. This has fixed the multiple navbar issue. We should probably use |only=paragraphs
by default in all of our excerpts, unless we're positive we want images, navbars, tables, or whatever else the other page section may have. So basically, it was due to laziness when I first used {{
Excerpt}}.
Mathglot (
talk) 23:00, 9 July 2023 (UTC)
In general, excerpts have both
advantages and disadvantages which are good to be aware of. I consider them a good way to "jump-start" this draft, and when it looks full of content and not too many empty sections left, we can do a walk-through of all the excerpted sections and decide case-by-case if they're good enough, or if we need different wording or entirely different content, and then just copy it from the child article where needed and then adjust, or entirely rewrite the section. One other thing: the default for {{
Excerpt}} is to include hatnote with an [edit] link, so you can just hit 'edit' to edit the section, even though it's only in the other article. I find these confusing, so I've suppressed them with |hat=no
, but we can revisit that as needed.
Mathglot (
talk) 23:33, 9 July 2023 (UTC)
Yep not complaining or I would say so directly. If anything I am overly direct. Just was getting lost in the templates yesterday (hey wouldn't that be a great title?). Am semi-back with fan on. If forecast is to be believed it gets cooler from here. Elinruby ( talk) 00:01, 10 July 2023 (UTC)
This page from the STF has a long Table of Contents listing themes of Brazilian criminal justice, with every list item linking to a brief summary of the topic of about a paragraph or so down the long page:
https://portal.stf.jus.br/publicacaotematica/vertema.asp?lei=1324&1332
A lot of these would be good sources for this article, and if not already covered in the glossary, for that, too. Mathglot ( talk) 20:07, 7 July 2023 (UTC)
Can't find it and it matters for financial crimes. [1] Elinruby ( talk) 12:55, 9 July 2023 (UTC)
probably a cut and paste error. There's a heat dome and it's deliriously hot right now. Probably quote needs trimming, will revisit later today. Need cold bath right now. Elinruby ( talk) 20:48, 9 July 2023 (UTC)
As Environmental Crimes Destroy the Amazon, Brazil Fails to Act, 26 July 2022I, by INCI SAYKI, OCCRP (Above source may not be familiar but was involved in the South American end of the Panama Papers investigation, which among other tbings brought us Operation Car Wash) Another timg I am unsure of is whetber "crime" is used here in the narrow sense that would put it in the article scope, ie falls under the criminal justice not the administrative law system.
Elinruby (
talk) 03:53, 10 July 2023 (UTC)
I see I am still making a lot of typos and not closing tags... maybe too soon. Going to go drink some more water, definitely dehydrated. Maybe call doctor in AM in case they want to bump the surgery up. (Nothing serious in and of itself but I wound up in the hospital on antibiotics for four days the last time I ignored this. The theory is that the surgery will go better if the inflammation and infection are cleared up...color me unimpressed with hospitals here) Anyway, thank you for your patience, and I think I will confine myself to these rough drafts for tonight. Elinruby ( talk) 04:07, 10 July 2023 (UTC)
There's a complex history about classism, [1] in the prisons especially, and of the military dictatorship's incarceration of its political opponents In the same prison, leading to the organization of these gangs, [2] [3] [4] but they have now morphed into full-fledged cartels [5] [6] that threaten the rule of law, [7] particularly in the Amazon. [8] [9]
The two largest gangs, the Primeiro Comando da Capital (PCC) and Comando Vermelho (CV), have their own articles on en-wikipedia, but it still feels like an undertold story. I certainly had no idea, and while I don't claim expertise on Brazil, I'm paying more attention to the place than most English speakers on here. I think the murder of the Guardian reporter may have focused attention on what was under Bolsonaro essentially a lawless territory. [10] [11] Elinruby ( talk) 06:40, 12 July 2023 (UTC)
Elinruby Can you have a quick look at this to see if it is releasable or what needs to be done? I’m still away (back soon) and have limited phone editing capability and got a draft-deletion warning. I’ll try an alert that Brazilian IP and if you know Paulo S’s username maybe him too. Thanks. Mathglot ( talk) 06:59, 13 April 2024 (UTC)
The § Historical background section could be considerably expanded. Suggesting the following structure, or similar, following the breakdown at Campilongo (2016):
The Deffenti-Barral-2016 book in which Campilongo's chapter appears is an excellent resource for this entire article, and should be looked at further for additional support. Mathglot ( talk) 03:40, 15 April 2024 (UTC)
Elinruby, do you remember
this edit requesting update of
§ Code reform? Could you either add a |reason=
parameter to the {{
update}} template, or just update whatever you think is needed, as I'm not sure what needs updating here. Thanks,
Mathglot (
talk) 05:25, 15 April 2024 (UTC)
Here are some sources with lists of top STF decisions, that could be used to expand the list:
Mathglot ( talk) 07:58, 15 April 2024 (UTC)
References
Prior to the latest revision, 45 empty or short sections contained an {{ expand section}} template, each one with its own, indivdualized "find sources" query in Portuguese, each of which will likely yield reliable sources to expand the section in question. That many templates cluttered the Draft and made it look unreleaseable, so I removed them. However, the queries are still useful, so they have been preserved in the context of the article section they originally belonged to, but with all the body text stripped out; that is, a copy of the article with *just* the section headers and the {{ expand section}} templates in their original section. This can be found at Draft talk:Brazilian criminal justice/Expand sections. Mathglot ( talk) 03:44, 17 April 2024 (UTC)
The defender's requests do not interfere with the odds of the judge imposing pretrial detention, even when controlling for the variables that ought to explain the behavior of law. Thus, despite the recent reforms introduced in Brazil's Criminal Procedure Code designed to promote a shift toward a model with accusatorial characteristics (Ballesteros et al., 2019), our results indicate that the decision‐making process at Custody Hearings remains essentially inquisitorial.
Elinruby (
talk) 22:01, 20 April 2024 (UTC)
Database: SocINDEX with Full Text