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b) Direitos e deveres – liberdade – solidariedade.


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d) São corretas apenas as afirmativas 1, 2 e 4.


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também versa que: “Ninguém deve ser submetido a torturas,


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becadg nem a penas ou tratos cruéis, desumanos ou degradantes”.


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aquiescência.
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• ainda por instigação dele com o seu consentimento ou
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aquiescência.
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Não se considerará como tortura as dores ou


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sofrimentos que sejam consequência, inerentes


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ou decorrentes de sanções legítimas.


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TORTURA À LUZ DA CONSTITUIÇÃO


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TORTURA NÃO É IMPRESCRITÍVEL!


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• A competência era exclusiva da Justiça Comum.


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becadg • Não obstante, com a alteração da lei em 2017, a Justiça


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becadg

Militar passou a possuir também competência para julgar os


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becadg
becadg
becadg

crimes de tortura, praticados por militares no contexto do


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becadg becadg
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becadg
artigo 9º inciso II. becadg
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• O artigo 1º da Lei n. 9.455/97 possui diferentes cenários que
ar
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caracterizam o crime de tortura: becadg becadg


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A) Tortura Prova (Também chamada de Tortura Confissão) becadg
becadg becadg
becadg becadg

B) Tortura Crime becadg


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becadg
becadg
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becadg

C) Tortura Discriminatória
becadg becadg
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D) Tortura Castigo
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E) Tortura de Preso
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becadg F) Tortura Omissão becadg


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7.
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Art. 1º Constitui crime de tortura:

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I – constranger alguém com emprego de violência ou grave
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ameaça (ELEMENTARES PARA O CRIME), causando-lhe


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sofrimento físico ou mental (ELEMENTARES PARA O CRIME): becadg
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becadg

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becadg becadg
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becadg becadg
becadg becadg
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7.
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TORTURA PROVA/CONFISSÃO

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vítima ou de terceira pessoa;
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becadg • A tortura é aplicada para a confissão da vítima (por becadg


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exemplo, o suposto autor) ou de terceiro (por exemplo,
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becadg
becadg

uma testemunha).
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becadg becadg
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becadg
becadg
becadg becadg
becadg becadg
becadg
PENA: Reclusão de 2 a 8 anos. becadg
becadg becadg
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becadg becadg
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TORTURA CRIME

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Nesta modalidade de tortura crime há, em tese, a presença da


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coação irresistível.
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PENA: Reclusão de 2 a 8 anos.


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becadg becadg
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becadg becadg
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Art. 22 - Se o fato é cometido sob coação
becadg
becadg
irresistível ou em estrita obediência a ordem, não
manifestamente ilegal, de superiorbecadg hierárquico,
becadg
becadg só é punível o autor da coação ou da
becadg
ordem (CÓDIGO PENAL). Somente becadg o torturador responde pelo crime,becadg se observada a
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inexigibilidade de conduta adversa da vítima. becadg becadg
becadg becadg
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8
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7.
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• Há de ser em desfavor da vítima por motivos de raça e/ou


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becadg
religião. becadg
becadg becadg
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• PENA: Reclusão de 2 a 8 anos. becadg


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becadg
becadg
becadg
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becadg becadg
becadg becadg
becadg becadg

• CUIDADO!!!! Isso não configura Racismo, mas sim, TORTURA.


becadg
becadg
becadg becadg

• QUESTÕES AFETAS AO GÊNERO NÃO ESTÃO INCLUÍDAS!!!


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DÚVIDAS /
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PERGUNTAS?
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Pode repassar, xerocar e bizurar o colega.
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Só não esqueça de dar os créditos ao autor


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do material e à escola!
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PENSAR FAZ BEM...


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