REVISTA A FORTIORI

O CASO SONJA FARAK E A CADEIA DE CUSTÓDIA DA PROVA PERICIAL DE DROGAS

Fernanda Fernandes Carvalho Oliveira — 2025-08-15

The American case Sonja Farak known as ''Expertise Addicted'' presents about the chemist and laboratory expert who adulterated expert drug evidence, was analyzed from there on about the sensitivity of the chain of custody of expert drug evidence and with that realized the need to contextualize the relevance and weight of expert evidence in the Brazilian criminal process, reporting on the case involving tampering with drug evidence, the relevance and weight of expert evidence and the constitutional principles that refer to such expertise, the regulations of the chain of custody in the criminal process and the chain of custody of drugs in the state of Goiás, of the expert work in the analysis of drugs and the ethics of their conduct, as well as their peculiarities within the Brazilian criminal system. Therefore, the present research proposes a documental bibliographic review, of the hypothetical deductive method, with the premise of the problematic of the American case in our Brazilian legal system. We sought to observe if the current legislation would allow similar conducts to occur in Brazil, taking into account our Brazilian legal system. However, currently in Brazil there are no cases in progress on the websites of Justice of cases of forensics tampering, there is in fact a deficiency in the investigation procedure in the Brazilian reality generating a high possibility of a breach of chain of custody and inefficiency in the making of reports, susceptible to lack of authenticity, and possible liability during a process.

AUSÊNCIA DE REPARAÇÃO DE DANOS NAS SENTENÇAS DO TRIBUNAL DO JÚRI: UMA LACUNA NA PROTEÇÃO AOS DIREITOS DAS VÍTIMAS E DE SEUS FAMILIARES

Virgílio Norberto de Jesus Neto — 2025-08-15

This research aims to critically analyze the lack of damage reparation in verdicts issued by the Jury Court, focusing on trials held in the district of Mineiros, Goiás, in the year 2024. The choice of topic arose from the concern that, while punishing the defendant, the State often neglects the victims, failing to ensure measures that could mitigate the impacts caused by crimes. The central proposal is to encourage the effective inclusion of reparation requests and determinations in indictments and convictions, as provided for in Article 387, item IV, of the Brazilian Code of Criminal Procedure. Combining qualitative and quantitative approaches, the study is based on a literature review and analysis of judicial decisions, aiming to identify the forensic practices adopted in jury trials. It is observed that the absence of material or symbolic reparation increases the suffering of victims and their families, generating a sense of injustice and abandonment. The research also discusses the role of legal professionals — prosecutors, attorneys, and judges — in upholding victims’ rights, and the need to promote a more empathetic approach committed to the constitutional principles of human dignity and full reparation. Thus, the study seeks to contribute to the strengthening of a more balanced criminal justice system, one that holds the offender accountable while also fairly supporting those harmed by the crime. The research problem stems from the analysis of the non-application of Article 387, item IV, of the Code of Criminal Procedure, due to the absence of a request by the judge or the prosecution.

A SOBERANIA BRASILEIRA NA REGIÃO AMAZÔNICA E A (I) LEGITIMIDADE DA INTERVENÇÃO INTERNACIONAL NA REGIÃO

Gabriela Porto Machado Babilônia — 2025-08-15

The importance of the sovereignty of the Brazilian State in the Amazon region is discussed, highlighting concerns related to environmental preservation and protection in the region, given the relevance that the biome represents due to its great biodiversity, capacity to influence global climate regulation and economic potential, the which arouses the interest of foreign nations. The study addresses the Brazilian government's public environmental policies in the Amazon region and the international attention that the region has received, since, over the years, the preservation of the Amazon has been the subject of debates, both nationally and internationally, and the government Brazilian people have sought to implement actions to protect the Amazon and maintain their sovereignty, considering national interests and environmental needs. In this sense, the interest of foreign countries in the Amazon was addressed, due to the large projects financed by them, as well as international policy issues focused on environmental preservation. Furthermore, the growing international pressure on environmental deterioration in the Amazon and the role of international politics in this context were highlighted. The research aims to question how Brazil has conducted its public environmental protection policies in the Amazon, describing some ways in which the Brazilian State operates in the region. We sought to understand the legitimacy of the financial aid provided by other countries to the region, through the Amazon Fund, highlighting the legal forms of international intervention and the repercussions of international billion-dollar donations destined for the Amazon and carried out by richer countries, seeking to analyze the interest of foreign nations in their actions. The study uses a qualitative approach with literature review. The conclusion highlights the relevance of the research for the community, approaching environmental law as a collective right that requires supervision and management by holders of this interest. Furthermore, there was a tendency for the Brazilian State to admit foreign aid in the region, a condition that should not lead to the loss of sovereignty of the Brazilian State in the Amazon, but which ends up making the compensations demanded by resource-donor countries legitimate. The aim was to contribute to the formulation of more effective public policies to protect the Amazon, in addition to instigating debate about international interventions in the region.

A PROPOSTA DE REDUÇÃO DA MAIORIDADE PENAL NO BRASIL EM FACE ÀS CONTROVÉRSIAS NA SEARA JURÍDICA

Fernanda Fernandes Carvalho Oliveira — 2025-08-15

This work aimed to analyze one of the most pertinent discussions of the last decades. Reducing the age of criminal responsibility is certainly a topic that generates great controversy, so this research sought to gather information and arguments about reducing the age of criminal responsibility, as well as its impact on reducing or not crime. In addition, this research also aimed to discuss PEC nº 171/93, which sought to reduce criminal liability from 18 to 16 years old, in view of the social outcry experienced about cases of great media repercussion, such as the “Champinha” case, which raped and killed a couple of lovers, generating great social revolt. Finally, the possible consequences of approving the reduction of the criminal age were also analyzed, as well as alternatives that could be taken through public policies, considering that the decrease in the attributable age was not actually linked to the crime faced in Brazil.

AS IMPLICAÇÕES JURÍDICAS DOS ERROS JUDICIÁRIOS NO SISTEMA CRIMINAL BRASILEIRO, O ESTADO DE COISAS INCONSTITUCIONAL E A RESPONSABILIDADE CIVIL DO ESTADO

Virgílio Norberto de Jesus Neto — 2025-08-15

This paper is dedicated to a critical analysis of the inefficiency of the judicial system when it comes to criminal prosecutions that lead innocent people to the prison system. The suffering of victims of judicial errors in the face of the difficulty of recovering their personal situation and returning to their integrity, honor and image tarnished by the criminal process and subjection to prison negatively marks their lives, making the task of the court to calculate fair and sufficient compensation even more challenging. Treating as a research problem the extent to which it would be possible to ensure fair and sufficient compensation to victims of judicial errors, considering the damage caused to their honor, image and physical and personal integrity tarnished by the criminal process and subjection to prison, as well as the challenges faced by the Judiciary, is it possible to grant adequate civil compensation given the extent of the losses suffered? The general objective of this study was to analyze the legal implications of judicial errors and the State's liability, exploring concepts of justice, the evolution of criminal proceedings and the duty to protect fundamental rights. The specific objectives were: a) to analyze the complexity of judicial errors; b) to examine the procedures that lead to the recognition of errors; c) to investigate the State's liability in the reparation of damages; d) to assess whether compensation to victims of unjust convictions is adequate. The research used exploratory and descriptive methods, with a literature review. The results indicate that financial compensation, although relevant, is insufficient to compensate for moral and social damages, highlighting the urgency of structural reforms, reparatory public policies and the recognition of the Unconstitutional State of Affairs in ADPF 347 by the STF.