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- Title
LEI DE ABUSO DE AUTORIDADE ABUSO CONTRA A DEMOCRACIA E A LEGALIDADE.
- Authors
de Oliveira, William Teixeira; Vieira de Arruda, Zelio
- Abstract
This article aims to analyze what changes for the magistrate after the advent of Law 13,869 of September 5, 2019, known as the Law of Abuse of Authority. This legal law entered into force in January of this year and had as main scope to repeal the previous law (Law 8.498/65). Such a provision had to be repealed since new crimes are being committed by public authorities and in the old Law there was no provision that specifically addressed these conducts. The creation of the device was necessary since judges were and are still abusing their authority in the face of lawyers, treating them many times with rispicity and disrespect. It seeks to analyze based on the novel legislation whether the conduct practiced by magistrates can be considered as a crime since in certain conducts, they hurt the dignity of the human person of the lawyer. Therefore, being the magistrate at first instance the highest authority and, therefore, the responsible for the trials of unlawful conduct, to whom to turn if the unlawful act is committed by the magistrate himself? In this context, we have a serious problem to be solved in our national legal system, since the judge's authoritarian conduct is increasingly present.
- Subjects
JUDGES; JUSTICE administration; LEGAL authorities; REPEAL of legislation; DIGNITY
- Publication
Revista Foco (Interdisciplinary Studies Journal), 2023, Vol 16, Issue 9, p1
- ISSN
1981-223X
- Publication type
Article
- DOI
10.54751/revistafoco.v16n9-145