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

O presente estudo debruça-se sobre o controle, em revisão criminal, da valoração da prova penal exaurida e estabilizada. Admitindo que a revisão criminal não poderia configurar uma via para uma ampla revaloração probatória nem se fechar à verificação de toda espécie de vícios ou erros decisórios, perquire-se o conceito de «contrariedade à evidência dos autos», enquanto defeito da sentença que impediria a sua estabilização, o que se faz a partir de uma releitura fundamentada na ciência do direito probatório e nos princípios de um processo penal democrático. Referida análise incorpora reflexões sobre os princípios da unidade e da necessidade da prova, objetivando critérios intersubjetivos que favoreçam o controle de erros judiciais de forma racional e previsível, assegurando os valores de verdade (ou justiça substancial) e segurança jurídica, consolidando um modelo de prova penal que leva a sério o erro. Conclui-se que condicionar a revisão criminal à existência de contrariedade à evidência dos autos equivale a exigir a configuração de uma dissonância entre os enunciados fáticos evidenciais estabelecidos na sentença condenatória sob revisão e os (resultados de exames sobre os) elementos empíricos constantes/documentados nos autos. 

The article analyzes the first investigative steps carried out in cases of crimes committed inside prison facilities in Chile The focus is on the role of the Chilean Prison Service, the Prosecutor's Office and the police. The objective is to evaluate whether these proceedings comply with the role assigned to each institution and respect national and international norms. The hypothesis is that the Chilean prison administration assumes investigative roles that exceed its penitentiary functions. As a result, potentially illicit evidence is generated and the victims of these crimes are left unprotected. The methodology is based on a mixed analysis of 58 crime reports from the prison authorities (2021-2022), covering homicides, injuries, sexual offenses, ill treatment and drug offenses. A quantitative analysis was combined with a qualitative analysis of specific cases. The results highlight that the prison authorities assume key investigative functions, such as guarding the crime scene, interviewing witnesses and suspects, without the authorization of the prosecutor. In addition, prosecutors often issue generic instructions and do not guarantee protection measures for victims. This contradicts national and international standards, affecting the legality and effectiveness of investigations. It is concluded that it is necessary to improve institutional coordination and guarantee the respect for fundamental rights whilst investigating crimes inside prison.

This study aims to examine the issues around the proof of causality in cases where there is an interruption of lifesaving process, whether by the patient or a third party. To achieve this purpose, an analysis will be conducted on three real cases: the “queue jumping” scandal, the Göttingen transplant case and the Madrid Arena case, all of which share the common feature of an interruption in a lifesaving causal process by a medical professional. This report will begin by examining the main conceptual questions related to this complex causal category, starting with its definition as either a crime committed through action or omission, which imples different forms of evidence collection. In view of this, we will proceed to address the issue of defining the standard of proof and its problems. In view of this, we will proceed to address the issue of defining the standard of proof and its problems, including, the issue of criminal policy inefficiency or the violation of the principle of in dubio pro reo. Finally, it will analyze the most appropriate theory for the criminal procedural system and whether medical activity should receive special treatment for the purposes of criminal liability. 

Over the last decade, the Kingdom of Morocco has opted for the independence of the Public Prosecutor’s Office from the executive, severing any link that might have existed between it and the Ministry of Justice. This choice was not straightforward to make. Today, while the change is a step in the right direction and may dispel the suspicions that some people like to harbour about the links between the public prosecutor and executive institution, the new status is nonetheless the subject of several controversies and concerns. In this article, the author highlights the experience of the independence of the Public Prosecutor’s Office in Morocco and the efforts to intensify the independence of the judicial institution. By studying the challenges and opportunities raised by the new status of the Public Prosecutor’s Office, the author tries to prove that the choice based on the limitation of independence to the absolute separation of the Public Prosecutor’s Office from the Ministry of Justice remains a narrow approach to independence and pleads for a general renewal of the status and missions of the Public Prosecutor’s Office.

This article aims to examine the Law 14,245/2021, presented to ensure dignified treatment for victims and witnesses, especially in sexual offences. The protection is not limited to the duty of treatment imposed on the parties and the judge but advance towards evidence law by establishing an exclusionary rule related to the victim's private life, notably previous sexual history evidence. Based on the origin and purpose of Law 14,245/2021 and adopting a comparative approach to Anglo-American law with an analytical focus grounded in the deductive method, it is argued that the new provisions are similar, albeit incipient, to the so-called rape shield laws and, therefore, it allows the judge, depending on the needs of the specific case and within the matters of Law 14,245/2021, to require the parties in advance to describe the evidence and inform relevance and materiality or state the purpose for which it is offered. As a result, it may lead to the exclusion not only of irrelevant or immaterial evidence, but also if it tends to be misused, invites moral prejudice or wields influence based on gender stereotypes – in particular when destined to assess the credibility of victims and witnesses – scenarios that could generate unfair prejudice and compromise the accuracy of fact-finding.

This article intends to answer the following questions: the conclusion of criminal non-prosecution agreements in cases of privileged drug trafficking would be a possibility for an alternative non-incarceration policy in combating drugs in Brazil? In the affirmative case, does it require standardization in its practical application? Through the deductive method, using bibliographical, normative, jurisprudential research, consulting and interpreting official data published by the Brazilian government, it is first demonstrated how the Brazilian Drug Law fits into the logic of the criminal law of the enemy, having, however, failed in the pursuit of the proposed enemy and imprisoned men, young, black, poor and with low education at alarming levels. Then, data is brought to point out who is arrested, prosecuted, and convicted for drug trafficking in Brazil. Then, the figure of privileged drug trafficking is presented as an alternative to the failure of the prohibitionist and incarceration policy, especially when synced with the application of the ANPP. The strategy is already on course and must be kept, however, with institutional and jurisprudential standardization, under the risk of perpetuating the punitive dogmas of the war on drugs, without real progress in combating trafficking or in guaranteeing fundamental rights.

The extinction of “Qualis Periódicos” by CAPES marks a transformation in the evaluation of scientific article production in Brazil, particularly in the field of Law. For years, Qualis was the main (and perhaps the only) criterion for classifying law journals in Brazil, influencing both scholars’ choice of periodicals and the evaluation of stricto sensu Graduate Programs. The system brought significant advancements, such as increased objectivity in evaluation, greater recognition of scientific journals, and the strengthening of peer review. However, it also faced criticism, including a lack of predictability in the early evaluation cycles, delays in classification, and the imposition of uniform criteria that were inadequate for certain fields. With CAPES' new methodology, the evaluation aims to focus on individual articles rather than just the journals that publish them. Each evaluation area will have the autonomy to adopt different criteria, combining bibliometric indicators, qualitative analysis of articles, and qualitative criteria for journals. In the case of Law, indexing in recognized databases such as Scopus, Web of Science, SciELO, and Redalyc emerges as a relevant parameter for assessing publication quality. The adaptation of law journals to the requirements of these indexing databases becomes essential to expanding the number of indexed periodicals. Measures such as improving editorial practices and adhering to international indexing standards are fundamental to ensuring the continued recognition of law journals within CAPES' new evaluation framework.

The objective of this article is to identify the elements necessary to open a preliminary investigation to determine the crime of money laundering carried out through cryptocurrencies, more specifically in cases in which the agent, in the operation of financial transactions for that purpose, uses of so-called mixing-services (mixing services or tumblers) to hide the illicit origin of the values ​​or goods to be reintegrated into the formal economy with the appearance of lawfulness. Therefore, it seeks to answer the following question: what should be measured by the investigating agents to formulate an investigative hypothesis in cryptolaundering handled by the mixing-services? The relevance of the proposed discussion arises from the fact that financial assets digitized, encrypted, and registered on blockchain, or “cryptoassets” for the purposes of this research, face particularities in their legal treatment in the criminal field, especially considering their decentralization, pseudoanonymity and globality, establishing an environment conducive to the concealment, dissimulation and integration of capital of illicit origin, which is enhanced by various digital anonymity tools (such as tumblers themselves) and the regulatory gap for cryptoassets in the Brazilian legal system.

Only with the open source information available of each any person it is possible through the adequate processing to create a detailed profile of practically all aspects of our private life. According to the algorithm used, this can lead to identify an individual as a "person of interest", and this it is only one step away from that same data being used to establish probable cause to open a criminal case, and if the case ends up in a trial, to present such data as evidence. This article discusses how the access to encrypted messaging platforms (as in the Encrochat case) and the massive processing of data through algorithms and artificial intelligence requires to rethink the whole structure of the criminal procedure. It advocates that there is a need to revisit the procedural safeguards developed during the past two centuries to be able to face the risks of the digital era. It concludes that there is a new shift in the gathering of evidence, which calls for strengthening the fair trial rights at the pre-trial stage.

This article investigates the challenges and limitations related to the extinction of criminal liability and the right to be forgotten in the digital age. The objective is to analyze how permanent access to personal data influences the image of individuals who have not been criminally punished but remain exposed to social judgments. The central problem can be formulated as follows: is it legitimate and legally admissible to keep digital records of extinct criminal acts indefinitely, even when there has been no formal punishment by the State? The issue becomes relevant in view of the social stigmatization resulting from the persistence of this information, especially on online platforms. The research is justified by the need to establish guidelines that harmonize these fundamental rights in a context of heightened digital exposure. A qualitative approach is employed, based on a literature review and an analysis of national and international case law. The main hypothesis is that the implementation of public policies, combined with technological solutions, can mitigate the effects of social stigmatization resulting from the persistence of criminal records on the internet. The study concludes that adopting legislative, educational, and technological measures is essential to ensure the dignity of individuals while preserving informational transparency in an increasingly digitalized society.