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Essay / Research Paper Abstract
9 pages in length. Brazil's criminal justice system reflects a duality of cultural influence from early nineteenth century independence and slavery, a coupling that inevitably created a penal process that "intimately linked to the maintenance of slavery as the central feature of Brazilian society" (Aguirre, no date). Contemporary cultural influence upon Brazil's criminal justice system finds that as urban communities have experienced exponentially growth in the recent past, the approach to criminal justice has taken on a greater sense of abusive tactics and, as a direct result, come under fire in relation to the issue of human rights. The writer also compares Brazil's system with that of the United States. Bibliography lists 8 sources.
Page Count:
9 pages (~225 words per page)
File: LM1_TLCBrazilCJ.rtf
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Unformatted sample text from the term paper:
maintenance of slavery as the central feature of Brazilian society" (Aguirre, no date). Contemporary cultural influence upon Brazils criminal justice system finds that as urban communities have experienced exponentially
growth in the recent past, the approach to criminal justice has taken on a greater sense of abusive tactics and, as a direct result, come under fire in relation to
the issue of human rights. II. HISTORICAL CONTEXT Because of the tremendously influential role independence has played in the overall concept and application of Brazils criminal justice system, it
stands to reason why Brazilian law reflects something entirely different than its common law counterparts; while other countries approach criminal justice as "a process for perception and resolution of problems"
(Scuro, 2003), Brazil does just the opposite by following "a set of established principles, rules, and institutions" (Scuro, 2003). One might even go so far as to say Brazils
abides by a retributivist system where ones moral duty cannot be compromised no matter the situation at hand. This stance of "an eye for an eye" illustrates how the
universal law of good can only exist if what is right for one person is also extended to the next. Brazilian lawyers place great emphasis upon "inclusive definitions, neat
conceptual distinctions, and broad general rules" (Scuro, 2003) rather than a more socially acceptable premise of testing "definitions, distinctions, and rules against reality" (Scuro, 2003) leaving little - if any
- room for any question of interpretation. Historically speaking, the Brazilian police force was partially formulated so as to restrain municipality control and, as such, had long been under
state or provincial authority, a concept that was abandoned in 1832 and reinstated again in 1841. State and federal involvement in municipal law enforcement finds that since 1985, the
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