Manifestações públicas em face do juizado especial criminal e demais legislações penais

Abstract

This research aims to treat the topic concerning public demonstrations, from its origins (synthetically) up to the last two centuries in Brazil, as well as, the link between these events, nowadays, the criminal law, special criminal court and other applicable criminal laws. As most of the illegal conduct committed, in public demonstrations are typifications included in the special criminal law (Law no 9.099/1995), its necessary to focus on the attention to this legislation, starting by analyzing their origin, their constitutional and legal foundations, the most important questions on the topic, as the majority provided in the Federal Constitution, in its article 98, item I, and the definition of criminal infringement of minor offensive potential, the competence for the judging of this infraction, the principles governing the referred court, its objectives, as well as, the hypothesis that adjust on the flagrante arrest, and even, the oral procedure and summary proceeding, the possibility of transaction under criminal context, and the judgment of these judges of first jurisdiction. We also will approach the link between the protesters and the Federal Constitution, due to the national security laws (Law nº 7.170/1983) and criminal organization (Law nº 12.850/2013), specially by the misused in the public demonstrations, in a unlawful way, in offense to the Federal Constitution, by a group named Black Blocs . Therefore, the theoretical background is based on some authors: Capez (2002); Gomes (1995); Grinover, Gomes Filho, Scarance, & Gomes (1996); Jesus (2010); Mirabete (2002); Moraes (2008); Tourinho Filho (1996; 2003); Perry (2002), etc. The methodology adopted is the bibliographical research, from the data published on books, articles and news related to the theme