O crime de tortura e maus tratos nos dias atuais.

Abstract

This work addresses the crime of torture and ill-treatment in the present days under the legal and doctrinal aspect. This time, the problematic of the present research firms in the knowledge about the interpretation of the characterization of the crime of torture under the auspices of the Law. 9455/97, according to its constitutionality, and the difficulties in the application of the crime of maltreatment. The objective focuses on explaining the theories and arguments of relevant legal thoughts with regard to the problem provided. Thus, the justification of this work was consolidated in the search for a current view of the discoursed subject, and on the implications that provide the context of the criminal offense of torture, especially because it is a crime itself and ill-treatment by its absence in the application and allusions the Draft Law. 2.654/03. Exposed on purpose, it was adopted the deductive, the reality of the facts, always linking the juridic aspect of the crimes as the form of technique and bibliographic research. With regard to questioning the constitutionality of the crime of torture by law 9455/97 it was observed according to the current understandings of the doctrine and jurisprudence. The crime of maltreatment was discussed through the current prism of its applicability and disparity in the allocation of penalties, as well as its distinction with regard to the Draft Law No. 2.654/03. It was concluded that the doctrinal and jurisprudence studies, by investigating the Law of torture, its unconstitutionality for was not in accordance with international conventions and treaties to which Brazil is a signatory. Regarding the crime of maltreatment, its application is inconsistent with the current reality, because the crime even comes to court, so that impunity prevails. The moderate punishment should not be eliminated in the face of Draft Law No.2.654/03 because it is an exaggeration to change the criminal and civil law, because it doesn't shine today's society and moreover, the doctrine retracts a moderate punishment that does not harm the child or adolescent.