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Law of interventions and sanctioning administrative law: the thought of Winfried Hassemer in Brazilian criminal law.

Grant number: 10/03106-6
Support type:Scholarships in Brazil - Master
Effective date (Start): March 01, 2011
Effective date (End): December 31, 2012
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Pierpaolo Cruz Bottini
Grantee:Ana Carolina Carlos de Oliveira
Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
Associated scholarship(s):11/21104-3 - The new rules of the sancionatory administrative law with regard to the expansion of the criminal law, BE.EP.MS

Abstract

The reformating of criminal law stemming from the process of expansionit has been going through calls into question the limits betweencriminal law and the sanctions and methods of investigation pertainingto sanctioning administrative law. Therefore, one of the mainobjectives of this dissertation will be to investigate the degree ofproximity and overlapping of both these areas. Our reference will bethe abstractly conceived "law of interventions".To ascertain this hypothesis we shall first set out from a detailedanalysis of Hassemer's law of interventions, as well as his work as awhole, and thereafter we shall proceed to the study of thecharacteristics of sanctioning administrative law in order to ponderthe existence of a unity of the State's ius puniendi with regard tojustifying the choice for criminal or administrative law. We shallthen proceed to the analysis of the transformations through which someaspects of the general theory of criminal law has gone through which,in their turn, will point out to the more flexible character of therules of criminal attribution and the anticipating of barriers ofprotection, drawing them nearer to the administrative criteria ofattribution of responsibility. Finally we shall proceed to theempirical study of the law against money laundering and administrativewrongdoing to demonstrate that the gravity of certain administrativesanctions match that of the criminal sanction.

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Academic Publications
(References retrieved automatically from State of São Paulo Research Institutions)
OLIVEIRA, Ana Carolina Carlos de. Law of intervention and administrative sanctioning law: the thought of Hassemer in Brasilian criminal law.. 2012. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.

Please report errors in scientific publications list by writing to: cdi@fapesp.br.