Detalhes bibliográficos
| Ano de defesa: |
2006 |
| Autor(a) principal: |
Petrini, Luciana Aparecida |
| Orientador(a): |
Vieira, Vera Lúcia |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em História
|
| Departamento: |
História
|
| País: |
BR
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/12982
|
Resumo: |
The reader will find a reflection on the practical judgments and the criminal ones effected in the period of the New State (1938-45) aiming at the recognition of the social relations in the context of the modernization of the referring laws to the occurred homicides in the city of São Paulo, one of biggest industrial centers at the time e, where the changes politics lived deeply in the country found its echo more significant. One is about a period where, although the proclaimed governmental politics of protection to the worker, in the practical one if does not take care of to its basic necessities of subsistence was they laborers or not what if it not only verifies for the fight of this segment for improvements of life and better conditions of work in this period, as in the following ones. The processes certify such condition that we analyze for the development of this work, that is, the files of legal documents that deal with the judgment of offenders who had committed crimes of injure person . The period of 1938 the 1945 if places as intermediate between the old Criminal Code and the implantation of the new, that it occurs in 1940, with intention to modernize the system of judgments of homicides. As if it will be able to observe, from 1938 already the debates occurred aiming at the consolidation of the new Code, according to which, will start to gain greater relevance in the judgment the figure of the offender, its partner-economic condition, subordinating themselves, with this approach, the act offender in itself. What it passes to be investigated now is the considered man criminal and not it definite act as crime properly said. Such alteration occurs in the interior of the reform of State promulgated for New State e, as if it vigorous propaganda for State, it had as intention, not only the modernization of the judiciary one, but also to integrate this system to the logic of valuation of the work (and of the worker). What if it observes in analyzed files of legal documents is as the outcome of the judgments finishes for incriminating ones and acquitting others without if it can objectify which the legal criterion that leads to such sentences, not to be its coincidence how much to the defense of the interests of control of the State. It is also proven of these processes, that if deal with crimes passionals committed for poor or needy people and that impunity if only discloses when if deals with the worker of the State, that is, when the involved one is tied with the police force. However, what we want to demonstrate is the relation between these crimes and the repercussions that the change in the 1940 legislation introduced in the logic of its judgment |
