Nunca pensei que pudesse ir tão longe !!!

Nunca pensei que pudesse ir tão longe !!!
Defenda do Meio Ambiente ! Nunca desista !!!

Quem sou eu

DESPEÇO-ME DO MEU ÍDOLO MAS DEIXO MEU HEROI PARA VOCES-

Hulrich Hüber, ao traçar os tres axiomas da Escola Holandesa, tratando das glosas e do estudo do corpus iures civilis reeditou o principio da extraterritorialidade da lei penal entao introduzido por Bartolo de Sassoferrato, ao admitir que um Estado por "cortesia" aplicasse em outro Estado as leis de seu ordenamento juridico interno.

Na verdade, quando ministrava essas aulas de Direito Internacional Privado na Universidade Candido Mendes-Centro e Ipanema, na Universidade Augusto Mota e em aulas particulares, acompanhei o entendimento do saudoso Prof.Haroldo Valadão e demais juristas no sentido de que na verdade, os Estados permitiam a aplicação da lei dos outros Estados não por cortesia mas sim por mera reciprocidade.

Alexandre Martins de Castro Filho, nosso herói -morto, que combateu a corrupção incessantemente como dão conta o processo criminal e toda a imprensa televisiva, escrita e falada, como disse: morto. A impunidade é regra que perdura há longos seis anos para a dor dos nossos corações, dos Homens de bem o que é o povo brasileiro em sua maioria quase absoluta.

Me veio à lembrança o Codigo Penal e de Processo Penal arrumados e que Alexandre manuseava como jóia rara e de brava intimidade; seu olhar sereno, sua dedicação aos estudos e reverencia ao direito na busca da correta aplicação da lei, seu sacerdocio a magistratura de tanto amor,que lhe custou a vida!!!

Porque, entao, citar Bártolo? Hübber e outros jurisconsultos?
Porque diziam desde 1500 quando do surgimento da Escola de Bolonha que todo o estatuto que ferisse a ordem publica era considerado odioso-odiento.

Esses glosadores- que escreviam suas glosas às margens do Corpus iures civilis enfrentavam desde então os percalços cálidos dos estatutos odiosos. Das pessoas odiosas que os utilizavam, do crime organizado ainda sem tentaculos que se aflorava porque buscava suprimir a ordem implantando às suas modas a desordem.

A demora do termino do processo de Alexandre é odioso e odiento! É doloroso para todos nós que o amavamos e tambem ao seu pai e saber que nosso Heroi se foi e até hoje os demais participes ou como queiram - demais concorrentes, nao foram a julgamento...

A conturbação do ordenamento juridico, da ordem publica dos valores preciosos da ética e paz social são sinais da permanencia dos estatutos odientos. Cada vez mais o espaço de se aguardar o julgamento dos demais responsaveis nos faz apreensivos.
A criação do Instituto Alexandre Martins de Castro Filho é um marco para aplacar o lamento de sua ausencia...

Os glosadores -estatutários, demonstraram o sinal da repetencia dos estatutos odiosos e odientos, que se dariam ainda que decorridos 509 anos do nascedouro da primeira escola estatutaria em Bolonha,IT.

O Ministerio Publico vem pelo Grupo de Execução Penal buscando modificar o triste lado que afogou em sete palmos nosso juiz Heroi.
O comando do colega Cesar e Luciana Andrade, sem desmerecer os demais, vem permitindo a correta aplicação da LEP aos detentos, a efetivação de seus direitos quanto a progressao e incidentes de execução bem resolvidos, humanizando esse lado. Os valorosos juizes que atualmente se encontram lotados nos juizos de execução tambem assim se desdobram na busca da correta aplicação da lei e prevalencia dos direitos Humanos.


Mas, fica nossa questão que tambem afronta a dignidade e sentimento nossos, consubstanciada na demora da solucao
d e f i n i t i v a desse lamentavel, odiento e triste episódio....

Quanto tempo mais para terminar em julgamento definitivo de todos que de uma forma ou outra contribuiram para tão bárbaro crime ?
Quanto tempo mais para aguentar esses vetustos e reincidentes estatutos odiosos?

Repetir o que o pai de Alexandre falou há SEIS ANOS atrás, nunca é demais:

DESPEÇO-ME DO MEU ÍDOLO MAS DEIXO MEU HEROI PARA VOCES -
Professor e Jurista Doutor Alexandre Martins de Castro

Elizabeth de Paula Steele

PS:
Dedico à memória desse digno e honrado magistrado Alexandre Martins de Castro Filho e uma oração à Deus por tudo que Ele fez e deixou de exemplo para os laboradores do direito.



20 de abr. de 2009

Estatisca sobre violencia domestica no mundo.

Statistics: Domestic Violence
Incidence and prevalence of domestic violence: General
• Domestic violence accounts for between 16% and one quarter of all
recorded violent crime. (Home Office, 2004; Dodd et al., 2004; BCS,
1998; Dobash and Dobash, 1980)
• One incident is reported to the police every minute. (Stanko, 2000)
• 45% women and 26% men had experienced at least one incident of
inter-personal violence in their lifetimes. (Walby and Allen, 2004) ) –
however when there were more than 4 incidents (i.e. ongoing domestic or
sexual abuse) 89% of victims were women.
• In any one year, there are 13 million separate incidents of physical
violence or threats of violence against women from partners or former
partners. (Walby and Allen, 2004)
• Women are much more likely than men to be the victim of multiple
incidents of abuse, and of sexual violence: 32% of women who had
ever experienced domestic violence did so four or five (or more) times,
compared with 11% of the (smaller number) of men who had ever
experienced domestic violence; and women constituted 89% of all those
who had experienced 4 or more incidents of domestic violence. (Walby
and Allen, 2004)
• Women are more likely than men to have experienced all types of intimate
violence (partner abuse, family abuse, sexual assault and stalking) since
the ages of 16. And nearly half the woman who had experienced intimate
violence of any kind, were likely to have been victims of more than one
kind of intimate abuse. (Coleman et al., 2007)
• 54% of UK rapes are committed by a woman’s current or former partner.
(Walby and Allen, 2004)
• On average 2 women a week are killed by a male partner or former
partner: this constitutes around one-third of all female homicide victims.
(Povey, (ed.), 2004, 2005; Home Office, 1999; Department of Health,
2005.)
International statistics
• An analysis of 10 separate domestic violence prevalence studies by the
Council of Europe showed consistent findings: 1 in 4 women experience
domestic violence over their lifetimes, and between 6-10% of women
suffer domestic violence in a given year. (Council of Europe, 2002).
• In one study by the World Health Organisation, domestic violence was
found to be widespread in all 10 countries studied, though there was
considerable variation between countries, and between cities and rural
areas. (Garcia-Moreno, C., et al., 2005)
Domestic violence stats – June 2007 KJH
2
• Partner violence accounts for a high proportion of homicides of women
internationally: between 40% - 70% of female murder victims (depending
on the country) were killed by their partners/former partners, whereas the
comparable figure for men is 4% - 8%. (Krug et al. 2002)
• Domestic violence is internationally acknowledged to be one of the health
inequalities affecting women particularly, and forms a significant obstacle
to their receiving effective health care. (World Health Organisation, 1997;
United Nations,1993).
Calls to the National Domestic Violence Helpline
• The Freephone 24-Hour National Domestic Violence Helpline (run in
partnership between Women’s Aid and Refuge) received just over a
quarter of million calls during its first 12 months.
• During 2006-7, the National Helpline answered an average of 387 calls per
day: 500 a day on weekdays, 250 on Saturdays and 200 on Sundays.
• Types of violence
• Since the age of 16, partner abuse (non-sexual) was the most commonly
experienced type of intimate violence among both men and women. 28%
of women and 17% of men reported having experienced such abuse.
(Coleman et al. 2007)
• In the last 12 months stalking was the most commonly experienced type of
intimate violence with 9% of women and 7% of men reported having
experienced it in the last year. (Coleman et al. 2007)
• Nearly half of women (48%) who had experienced intimate partner
violence since the age of 16 had experienced more than one type of
intimate violence. Men were less likely to have experienced multiple forms
of intimate violence (33%). (Coleman et al. 2007)
• Serious sexual assault was most likely to be committed by someone
known to the victim (89% of female and 83% of male victims). Just over
half (54%) of female victims reported that a partner or ex-partner had been
the offender. (Coleman et al. 2007)
• Just under a quarter of women (23%) reported having experienced stalking
since the age of 16. Obscene or threatening phone calls or letters were the
most common types of stalking behaviour experienced. (Coleman et al.
2007)
• Around one in ten women (12%) had been victims of non-sexual family
abuse. (Coleman et al. 2007)
• 16% of women who had been a victim of any type of partner abuse had
experienced sexual assault and 26% stalking by a partner. Many victims of
Domestic violence stats – June 2007 KJH
3
partner abuse had experienced more than one type of intimate violence by
a partner. (Coleman et al. 2007)
Impact of Domestic Violence on Children
• At least 750,000 children a year witness domestic violence. (Department
of Health, 2002).
• Children who live with domestic violence are at increased risk of
behavioural problems and emotional trauma, and mental health difficulties
in adult life. (Kolbo, et al., 1996; Morley and Mullender, 1994; Hester et al.,
2000)
• Nearly three quarters of children on the 'at risk' register live in households
where domestic violence occurs and 52% of child protection cases
involving domestic violence. (Department of Health, 2002; Farmer and
Owen, 1995).
• In 75% to 90% of incidents of domestic violence, children are in the same
or the next room. (Hughes, 1992; Abrahams, 1994).
• The link between child physical abuse and domestic violence is high, with
estimates ranging between 30% to 66% depending upon the study (Hester
et al, 2000; Edleson, 1999; Humphreys & Thiara, 2002).
• 70% of children living in UK refuges have been abused by their father.
(Bowker et al., 1998)
• A survey of 130 abused parents found that 76% of the 148 children
ordered by the courts to have contact with their estranged parent were
said to have been abused during visits: 10% were sexually abused; 15%
were physically assaulted; 26% were abducted or involved in an abduction
attempt: 36% were neglected during contact, and 62% suffered emotional
harm. Most of these children were under the age of 5 (Radford, Sayer &
AMICA, 1999.)
• Information received from local Family Court Welfare Services suggests
that domestic violence is present in almost 50% of cases, where a
welfare report is ordered. (Association of Chief Officers of Probation,
1999).
• In a survey of domestic violence service providers, Women’s Aid found
that 48% stated that adequate safety measures are not being taken to
ensure the safety of the child and the resident parent before, during and
after contact. (Saunders, 2001). Two years later, only 3% said they
believed that appropriate measures were now being taken to ensure
safety. (Saunders with Barron, 2003).
• Respondents to the same survey (May 2003) reported cases since April
2001 in which a total of 18 children were ordered to have contact with a
parent who had committed offences against children (Schedule 1
Domestic violence stats – June 2007 KJH
4
offenders); 64 children were ordered to have contact with a parent whose
behaviour had previously caused that child to be put on the Child
Protection Register; and 21 of these children were ordered to have
unsupervised contact with the perpetrator. (Saunders with Barron 2003)
• 46% of respondents knew of cases where a violent parent had used
contact proceedings to track down his partner. (Saunders with Barron
2003).
• 29 children in 13 families were killed between 1994 and 2004 as a result
of contact arrangements in England and Wales, 10 of them since 2002. In
five of these families contact was ordered by the court. (Saunders, 2004)
• In the year 2001, there were 55,743 applications for contact orders under
the Children Act 1989. Of those, only 713 (1.3%) were refused. (Lord
Chancellor’s Department, 2002).
Nature and Impact
• A study of 200 women’s experiences of domestic violence commissioned
by Women’s Aid, found that 60% of the women had left because they
feared that they or their children would be killed by the perpetrator.
(Humphreys & Thiara, 2002).
• In the same study, 76% of separated women suffered post-separation
violence. Of these women:
o 76% were subjected to continued verbal and emotional abuse;
o 41% were subjected to serious threats towards themselves or their
children;
o 23% were subjected to physical violence;
o 6% were subjected to sexual violence;
o 36% stated that this violence was ongoing.
In addition to this, more than half of those with post-separation child
contact arrangements with an abusive ex-partner continued to have
serious, ongoing problems with this contact (Humphreys and Thiara,
2002).
• Women are at greatest risk of homicide at the point of separation or after
leaving a violent partner. (Lees, 2000).
• 42% of all female homicide victims, compared with 4% of male homicide
victims, were killed by current or former partners in England and Wales in
the year 2000/01. This equates to 102 women, an average of 2 women
each week (Home Office, 2001).
• In a study by Shelter, 40% of all homeless women stated that domestic
violence was a contributor to their homelessness. Domestic violence was
found to be “the single most quoted reason for becoming homeless”
(Cramer and Carter, 2002).
Domestic violence stats – June 2007 KJH
5
• Repeat victimisation is common. 44% are victimised more than once,
and almost one in five (18%) are victimised three or more times. (Dodd et
al., 2004) An earlier British Crime Survey found even higher rates of
repeat victimisation: 57%. (Home Office, July 2002).
• Men are less likely to have been repeat victims of domestic assault, less
likely to be seriously injured and less likely to report feeling fearful in their
own homes. (Scottish Executive Central Research Unit, 2002).
• Nearly 1 in 5 counselling sessions held in Relate Centres in England on
28/9/00 mentioned domestic violence as an issue in the marriage.
(Stanko, 2000).
Health consequences of domestic violence
• Violence against women has serious consequences for their physical and
mental health, and women who have experienced abuse from her partner
may suffer from or chronic health problems of various kinds. (Stark and
Flitcraft, 1996; Williamson, 2000; British Medical Association, 1998; Crisp
and Stanko, 2001)
• Abused women are more likely to suffer from depression, anxiety,
psychosomatic systems, eating problems and sexual dysfunction. Violence
may also affect their reproductive health. (WHO, 2000).
• 70% of incidents of domestic violence result in injury, (compared with 50%
of incidents of acquaintance violence, 48% of stranger violence and 29%
of mugging.) (Dodd et al., 2004)
• 75% of cases of domestic violence result in physical injury or mental health
consequences to women. (Home Office, 2001)
• The cost of treating physical health of victims of domestic violence,
(including hospital, GP, ambulance, prescriptions) is £1,220,247,000, i.e.
3% of total NHS budget. (Walby, 2004)
• The cost of treating mental disorder due to domestic violence is
£176,000,000. (Walby, 2004).
• Between 50% and 60% of women mental health service users have
experienced domestic violence, and up to 20% will be experiencing current
abuse. (Department of Health, 2003; Bowstead, Janet, 2000; ReSisters,
2002).
• Domestic violence and other abuse is the most prevalent cause of
depression and other mental health difficulties in women. (Astbury, 1999;
O'Keane, 2000; Humphreys, 2003; Humphreys and Thiara, 2003; Vidgeon,
2003).
Domestic violence stats – June 2007 KJH
6
• 70% women psychiatric in-patients and 80% of those in secure settings
have histories of physical or sexual abuse. (Phillips, 2000; Department of
Health, 2002).
• Domestic violence commonly results in self-harm and attempted suicide:
one-third of women attending emergency departments for self-harm were
domestic violence survivors; abused women are five times more likely to
attempt suicide; and one third of all female suicide attempts can be
attributed to current or past experience of domestic violence. (Stark and
Flitcraft, 1996; Mullender, 1996)
Police
Every minute in the UK, the police receive a call from the public for
assistance for domestic violence. This leads to police receiving an
estimated 1,300 calls each day or over 570,000 each year. (Stanko, 2000).
Of these, 89% were calls by women being assaulted by men. However,
according to the government National Delivery Plan, less than 24% of
domestic violence crime is reported to the police (Walby and Allen, 2004).
• However, only a minority of incidents of domestic violence are reported to
the police, varying between 23% (Walby and Allen, 2004) and 35% (Home
Office, 2002; see also British Crime Survey, 1998; Dodd, et al., 2004).
Attitudes
• 1 in 5 young men and 1 in 10 young women think that abuse or violence
against women is acceptable. (Zero Tolerance Charitable Trust, 1998).
Forced marriages
• The Forced Marriage Unit received 5,000 enquiries and handled
approximately 400 cases in 2007, 167 of which involved repatriation to
the UK. (From answer to Parliamentary question, Vernon Coaker MP,
30/1/08)
Perpetrators
• From April 2000 to June 2001 there were 30,314 offences under the
Protection from Harassment Act 1997 in London alone (Metropolitan
Police Service). A study carried out by the Home Office found that more
than a third (41%) of cases brought to the courts under the Protection from
Harassment Act 1997, the suspect had previously had an intimate
relationship with the complainant. 33% of the suspects were ex-partners,
4% were relatives, 1% a current partner and 4% were friends. In situations
where the suspect previously or currently had an intimate relationship with
the victim, 94% of the suspects were men (Home Office Research Study
203, 2000).
Domestic violence stats – June 2007 KJH
7
• The British Crime Survey conducted in 2000 found that women are most
likely to be sexually attacked by men who are known to them. 45% of
rapes reported to the survey were perpetrated by current partners. (Home
Office Research Study 237, 2002).
• One Scottish survey found that a majority of men who said that they were
victims of domestic violence, were also perpetrators of violence (13 of 22),
and on being re-interviewed, a further 13 later said they had actually never
experienced any form of domestic abuse. (Scottish Executive Central
Research Unit, 2002).
• During the year 2001, there were a total of 20,968 non-molestation orders
made under part IV of the Family Law Act 1996 (17,414 with a power of
arrest attached and 3,554 without a power of arrest attached). (Lord
Chancellor’s Department, July 2002).
• 75% of the women with non-molestation orders in the “Routes to Safety”
study said that these orders had made some difference. (Humphreys &
Thiara, 2002).
Cost of domestic violence
• The cost of physical healthcare treatment resulting from domestic
violence, (including hospital, GP, ambulance, prescriptions) is
£1,220,247,000, i.e. 3% of total NHS budget. (Walby, 2004, p.53);
• The cost of treating mental disorder due to domestic violence is
£176,000,000. (Walby, 2004).
• The overall costs of domestic violence are estimated to be £278 million
p.a. in greater London alone. In 2001 in England and Wales, domestic
violence was estimated to cost a total of £23 billion. (Walby, 2004; Stanko,
1998, 2000)
Pregnancy and childbirth
• 30% of domestic violence starts in pregnancy. (Lewis and Drife, 2001,
2005; McWilliams and McKiernan, 1993)
• Domestic violence has been identified as a prime cause of miscarriage
or still-birth (Mezey, 1997), and of maternal deaths during childbirth
(Lewis and Drife, 2001, 2005).
􀂃 Between 4 and 9 women in every 100 are abused during their
pregnancies and/or after the birth. (Taft, 2002)
Domestic violence stats – June 2007 KJH
8
• Legally, if a miscarriage is caused by abuse, the assailant can be charged
under S.58 of the Offences against the Person Act, “using an instrument
with intent to cause a miscarriage1.
• If a baby is born prematurely as a result of an assault, and then dies, the
assailant may be charged with manslaughter2.
• Within the six weeks following birth, 11 new mothers were known to have
been murdered by their male partners during 2000-02, and 14% of all the
women who died during or immediately after pregnancy (43 women) had
reported domestic violence to a health professional during the pregnancy.
(Lewis and Drife, 2005)
􀂃 12% of the 378 women whose death was reported to the Confidential
Enquiry on Maternal Deaths had voluntarily reported domestic violence to
a healthcare professional during their pregnancy. (Lewis and Drife, 2001)
None had routinely been asked about domestic violence so this is almost
certainly an underestimate.
• One study in the USA found a significant relationship between pregnancy,
domestic violence, and suicide: pregnant women who attempt suicide are
very likely to have been abused. (Stark and Flitcraft, 1996)
• In one study, 23% of women receiving care on antenatal and postnatal
wards had a lifetime experience of domestic violence, and 3% had
experienced violence in the current pregnancy. (Bacchus, 2004)
• Routine enquiry about domestic violence in maternity settings is accepted
by women, provided it is conducted in a safe confidential environment. A
pilot project in Leeds found that 92% of women questioned were in favour
of routine enquiry. (Price 2004; Leeds Inter-agency Project, 2005).
Court Orders
Restraining Orders under the Protection from Harassment Act 1997
Number of persons given restraining orders under the Protection from
Harassment Act 1997, s5, England and Wales are:
2003 - 1,943
2004 - 2,178
2005 - 2,4143
1 See Bristol Evening Post 18th December 2004, report on Nycoma Edwards whose
assault on his girlfriend led to miscarrying at 4 and half months.
2 See report from July 2000 of a Carlyle case where assault resulted in birth of baby
(born at 8 and a half months by caesarean section).
3 Basis of counting relates to persons who were given restraining orders for
their principal offences, in cases where a person may be dealt with for more
than one offence at a given time, but the restraining orders may not have
been the principal court disposal for this offence, as restraining orders are
often a subsidiary disposal.
Domestic violence stats – June 2007 KJH
9
Domestic violence injunctions under the Part IV of the Family Law Act
1996:
The most recent annual figures are as follows:
Non-molestation orders-
Non – molestation - ex parte 13,037
Non – molestation – on notice 4,303
Non –molestation – orders with power of arrest attached 20,566
Non – molestation – orders without power of arrest 2, 098
Occupation orders
Occupation orders – ex parte 6,817
Occupation orders – on notice 3,166
Occupation orders - with power of arrest attached 7,576
Occupation orders - without power of arrest 1,263
Domestic violence stats – June 2007 KJH
10
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