Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

Racism is an integral part of the Brazilian social structure, and, therefore, the right to equality and non-discrimination, as well as the repudiation of racism, are constitutionally protected. Thus, the State provides penal measures to address practices resulting from racism, particularly through the establishment of incriminating norms that enable criminal investigative and procedural instruction and promote a state response to both the perpetrator and the victim of the criminal act. In parallel, Negotiated Justice appears, within the criminal scope, as a form of anticipatory punitive measure, which prioritizes the principles of procedural efficiency and celerity, and promotes the recognition of the victim as a subject of rights and guarantees. However, the Second Chamber of the Brazilian Supreme Court, in the judgment of the Ordinary Appeal in Habeas Corpus 222.599 of Santa Catarina, decided not to extend the agreement materially to cases of racial crimes. In this context, the present article seeks to analyze the effectiveness of the non-prosecution agreement (ANPP), a Negotiated Justice institution, when applied to crimes of this nature. For this purpose, using bibliographic research, the text situates racism and the respective penal measures to combat it in Brazil, as well as presenting the ANPP and its well-known benefits for Criminal Justice, regarding procedural celerity and efficiency, reduction of incarceration policies, and the prestige and recognition of the victim as a subject of rights. Finally, using the hypothetical-deductive methodology and bibliographic analysis, the article focuses on analyzing the Supreme Court's decision and the effectiveness of applying the institution to crimes of racism, particularly in relation to ensuring access to justice for the victims of the criminal act. 

The quality control of concrete paving blocks in Ecuador has remained unchanged since 1987, using as a criterion of quality and durability the value of the compressive strength of the block under the concept of global indicator. This indicator assumes that when the axial load carrying capacity specification is met, it will cover requirements such as abrasion resistance, therefore the expectations of the paving surface design life. However, in recent years an early deterioration of the paving brick surfaces has been verified in general despite compliance with the axial load carrying capacity requirements established in the Ecuadorian standard. Under these conditions, the University, the construction industry and the Ecuadorian Standardization Institute (INEN) decided to adapt a new control standard in which the indicator of acceptance is broken down into several physical and mechanical parameters, using the European standard EN 1338 as a reference document. Among the parameters, the quantification and assessment of abrasion resistance became of greater interest, both because of the lack of abrasion resistance of most of the production in the country, as well as the test method to be used. The present article, based on a traditional statistical analysis of 516 abrasion resistance tests by means of the wide wheel abrasion test method (EN 1338) performed at the Construction Materials laboratory of the Pontifical Catholic University of Ecuador (PUCE) between 2010 and 2015, verified the symmetrical normal distribution behavior of the two lots in which the data were classified; one corresponding to plants that maintain quality control processes and another to plants without control in addition, quantified the characteristic tyre track value according to the abrasion test in the analysis period. Through the information obtained, the need for abrasion control has been justified, as well as the recommendation to establish a specification for Ecuador, different from that established in the European standard

The following study evaluated the viability of a modification in the procedure established in ASTM C1609 in order to lay evidence of the usefulness, or not, of the aforementioned standard in the testing of synthetic fiber reinforced concrete (SNFRC). Likewise, a comparison between the results obtained in flexural tests developed in accordance with EN14651 and those provided by the American statute was realized. A pseudoductil performance was found for SNFRC in which the addition of fibers allowed the concrete to resist loads even after its modulus of rupture was reached. Also, it was determined that a reduction in the loading rate established in ASTM C1609 allows for a higher probability of success for the test, especially when low fiber content is used. Furthermore, the speed reduction did not affect the results provided by the test. The European standard did not cause any inconvenience in the test execution, nevertheless, its results were not completely comparable to those obtained via de American normative.

Chip seals are an alternative to preserve the current condition of a road and to improve some of its characteristics such as impermeability and surface texture. Despite its benefits, there is currently no formally defined test method to evaluate the laboratory performance of chipseals elaborated from different materials or design methodologies. For this reason, in this article, based on a series of modifications made to the ASTM D7000 test, the performance of chipseals developed from the design methodologies adopted by the transportation agencies TxDOT and Austroads is compared. These methodologies start from the two most fundamental lines of thought for the design of asphaltic surface treatments, the Hanson principles, used in the Austroads method and the Kearby principles, used in the TxDOT method. From the tests carried out, it was determined that the Austroads methodology promotes chipseals that would have a greater amount ofremaining aggregate, after simulating the effects of vehicular traffic on the samples of asphaltic surface  treatments prepared, being an aspect that could positively influence their performance.

Currently, sargassum, due to the large quantities that have arrived on the coasts of Mexico and other parts of the world, has become an environmental, economic and health problem, which makes its study important to provide value. Sargassum has been used for the production of biofuels and bioremediation, however, to the large amount of this organic material, the construction industry has used it in its raw state as a cementitious substitute. The objective of this article is to know the potential use of sargassum ash as a cementitious substitute, comparing it with various organic biomasses that have been used for the same purpose, for which a bibliographic review of organic biomasses, their characteristics, substitution percentages has been carried out. and its application. The above will provide knowledge of the properties that ash must contain for its application either in mortars or pastes that improve long-term durability, to advance sustainable construction.

This article addresses the use of predictive technologies as a guidance tool for public policies. It aims to examine how security forces use data processing and warn of the risks of indiscriminate application of these approaches. Furthermore, it attempts to view the chain of custody as crucial to guaranteeing the authenticity and integrity of evidence, especially in the context of digital evidence. The research is qualitative and exploratory. The technique of analyzing documents from legal and criminological literature was used, through hypothetical-deductive method, to assess how new technologies, specifically artificial intelligence, impact on criminal investigation and the Brazilian criminal process. It is necessary to adapt legal procedures to the digital era, especially regarding the admissibility of digital evidence, by examining its integrity and authenticity. It is concluded that there is an urgency to adapt criminal investigation procedures, given the influence of virtualization on criminal prosecution, since legal arguments now depend on digital tools and evidence. 

Technological advances in the second half of the 20th century brought innovations that still stir controversy in the criminal prosecution scenario. A relevant disagreement concerns the possibility of compulsory collection of biological material to obtain a genetic profile, even in relation to individuals with civil identification, as provided for in Law no. 12.037/2009 (art. 3, item IV, and art. 5). Although the controversial legal issue is unique (compulsory collection of genetic material for criminal prosecution), diametrically opposed decisions have been issued by the courts. Given this context, the question is: is it possible for such dissonant decisions to be equally in line with the Constitution? From the perspective of the criminal procedure guarantee, what effects result from a decision that is constitutionally inadequate in relation to the legal question posed? Based on the analysis of conflicting judgments, this article investigates whether, among them, there is a constitutionally adequate judicial response to the controversial legal issue, from the perspective of the Hermeneutic Critique of Law (CHD), coined by Lenio Luiz Streck. At the end, the text adds a critical approach, expanding the reflection on the impacts of constitutionally inadequate decision-making in relation to the collection of genetic material for the purposes of criminal prosecution.

This study aimed to analyze the consequences of inadequate personal recognition in a context of criminal selectivity and racism. It sought to answer the following questions: what are the consequences and profiles of individuals who are victims of erroneous personal recognition? The deductive method was adopted, using bibliographic and documentary research, based on legislation, academic articles and reports from the National Council of Justice (CNJ), the National Council of Public Defenders (CONDEGE) and the Public Defender’s Office of the State of Rio de Janeiro (DPE/RJ). The theoretical framework was structured into four sections: a) the rite of personal recognition and its compromising factors; b) criminal selectivity and its impact on individuals made vulnerable by the power structures that control criminal law; c) the influence of structural racism on the criminal policy adopted in Brazil; d) the analysis of data from the CNJ, CONDEGE and DPE/RJ regarding personal recognitions that do not comply with legal guidelines. It was concluded that personal recognition, especially when it fails to comply with the legal rite, is evidence susceptible to flaws, aggravated by criminal selectivity, disproportionately affecting black people, victims of a discriminatory history that still permeates society today and influences the criminal policy adopted in the country.

In this paper, authors analyze Brazilian prison system, focusing on the resolutions of the Inter-American Court of Human Rights (IACHR) regarding the Curado Penitentiary Complex. In 2018, the Court determined that prison time served in the Curado Complex should be counted double due to inhumane conditions, aiming to alleviate overcrowding and ensure dignity for inmates. The full implementation of this measure, which only occurred in 2022, revealed significant resistance from the local Court. Qualitative approach based on document analysis and theoretical framework is used to identified the responsibility of the Judiciary in mass incarceration and the violation of fundamental rights. It argues for the need for a criminology that considers the Latin American reality, criticizing the inadequacies of Northern theories. The most important outcome is updating the Theory of Penal Execution could be a possibility to minimize the violence of the punitive system, integrating practices that enforce human rights, raise awareness about structural racism, and exclude unlawful state actions.

False confessions occur when someone confesses to a crime they didn't commit. They can be voluntary or involuntary and result from factors related to personal motivations or the way the confession is obtained. Involuntary confessions can be induced by interrogation techniques considered accusatory, through psychological manipulation, such as the Reid method. The presumption of guilt tends to provoke interrogative suggestibility, especially with more vulnerable groups, namely adolescents and people with mental disorders or cognitive deficits. This causes damage in relation to obtaining reliable information since the true content of memory may be unrecoverable with the use of inappropriate techniques. In view of this, investigative interview techniques have been developed to change the accusatory mentality towards the search for information, as proposed in the PEACE method. Thus, the question arises: which aspects of the investigative interview can minimize or avoid interrogative suggestibility with criminal suspects? To achieve this, the study discusses the accusatory approach to interrogation, identifying aspects that contribute to suggestibility. It then analyzes the PEACE method of investigative interviewing and points out relevant aspects for reducing the risk of suggestibility and, consequently, false confessions.