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Papers by Erivelto Paulino
erivelto vitor paulino, 2018
The present work seeks to address the way of functioning and application of an inst... more The present work seeks to address the way of functioning and application of an institute adopted by the Brazilian legal system originating in other countries, impeachment. In this sense, it brought out the nature of the application of this procedure adopted in Brazil, portraying some cases that have already occurred in the country. The method used to do so is the deductive, by which all research and information search was done, through scientific articles, bibliographic reviews, periodical analysis and legal devices. In the development of the present work the origin of the procedure is found, which was given in England, and also on the evolution and influence of the United States in arriving in Brazil. It also portrays the main objective of impeachment, which is the dismissal of the public function of the agent who disowned it, being through it the recognition of the responsibility of the agent due to the action contrary to the precepts of society and the constitution. Considering the importance of the institute and its complexity both procedural and its nature, it seeks to describe the way that it occurs in Brazil during the constitutions, along with its legal predictions in the search to highlight them and to treat the nature with which it is applied. Finally, it brings the political, criminal and mixed aspects of the application of impeachment defended by numerous authors, in order to highlight the procedural nature in the 1988 Constitution and defend the political nature of the institute in Brazil and its legal prediction, highlighting the application in two cases of Presidents of the country.
Conference Presentations by Erivelto Paulino
Paulino, Erivelto, 2018
Painel apresentado no 6° Congresso Científico do UNIFEG.
erivelto vitor paulino, 2018
The present work seeks to address the way of functioning and application of an inst... more The present work seeks to address the way of functioning and application of an institute adopted by the Brazilian legal system originating in other countries, impeachment. In this sense, it brought out the nature of the application of this procedure adopted in Brazil, portraying some cases that have already occurred in the country. The method used to do so is the deductive, by which all research and information search was done, through scientific articles, bibliographic reviews, periodical analysis and legal devices. In the development of the present work the origin of the procedure is found, which was given in England, and also on the evolution and influence of the United States in arriving in Brazil. It also portrays the main objective of impeachment, which is the dismissal of the public function of the agent who disowned it, being through it the recognition of the responsibility of the agent due to the action contrary to the precepts of society and the constitution. Considering the importance of the institute and its complexity both procedural and its nature, it seeks to describe the way that it occurs in Brazil during the constitutions, along with its legal predictions in the search to highlight them and to treat the nature with which it is applied. Finally, it brings the political, criminal and mixed aspects of the application of impeachment defended by numerous authors, in order to highlight the procedural nature in the 1988 Constitution and defend the political nature of the institute in Brazil and its legal prediction, highlighting the application in two cases of Presidents of the country.
Paulino, Erivelto, 2018
Painel apresentado no 6° Congresso Científico do UNIFEG.