TORTURA - Lei 9455 de 97 | Concurso PM MG - Prof. Alvarenga

Summary

In this educational video, Wagner Alvarenga offers valuable insights for individuals preparing for the Polícia Militar de Minas Gerais (PMMG) public exam. Drawing from his own experience as a successful candidate, he emphasizes the importance of starting early and not waiting for the official exam announcement. Alvarenga delves into the specifics of Law 9455/1997, which addresses torture, clarifying key points such as the crime’s classification, penalties, and exceptions. He provides useful tips for exam preparation, reminding viewers to focus on crucial areas that often appear in exams. His message encourages persistence and smart study habits.

Takeaways

• 😀 Torture is a common crime, meaning it can be committed by anyone, not just public agents.
• 😀 Public agents who commit torture face increased penalties and automatic loss of their public positions.
• 😀 Torture is an imprescriptible crime, meaning it does not expire over time.
• 😀 Torture is not considered a heinous crime but is equated to one under Brazilian law (Lei 8072/1990).
• 😀 Extraterritoriality applies to the crime of torture, meaning the law can apply even if the victim is Brazilian and the crime occurs in another country.
• 😀 Torture is a non-bailable crime, making it ineligible for bail under the law.
• 😀 Torture is not subject to grace or amnesty, which means convicted individuals cannot have their sentences reduced through these mechanisms.
• 😀 The penalty for torture can vary, with the standard penalty being reclusion (2 to 8 years), and detention only applies in cases of omission.
• 😀 Torture can be qualified by serious injury or death, leading to more severe penalties, such as reclusion of up to 16 years.
• 😀 Torture committed against vulnerable groups (such as the disabled, elderly, children, or pregnant women) can result in increased penalties.
• 😀 When a military police officer commits torture in the line of duty, the case falls under the jurisdiction of the state military court.

Q & A

What advice does the speaker give to those preparing for public service exams?

The speaker advises not to wait for the publication of the exam notice before starting to study. Preparing ahead of time gives a significant advantage, as the period between the notice and the exam is usually very short.

What is the main focus of the lesson in the video?

The main focus of the lesson is on the Lei 9455/1997, which deals with torture laws in Brazil. The speaker emphasizes its importance for those preparing for the Military Police of Minas Gerais exams and other law enforcement roles.

What is the significance of the Lei 9455/1997 in the context of the video?

Lei 9455/1997 is significant because it addresses the crime of torture. The speaker highlights its importance, noting that it often appears in exams, especially for public service roles in the police sector.

What does the speaker say about the application of Lei 9455/1997 in cases of torture involving Brazilian citizens abroad?

The law applies extraterritorially, meaning that if a Brazilian citizen is tortured in another country, the provisions of Lei 9455/1997 still apply.

Is torture considered a common crime or a specific type of crime?

Torture is considered a common crime, meaning that anyone, not just public officials, can commit the crime. However, the punishment for public agents committing torture is more severe.

What is the penalty for the crime of torture under Lei 9455/1997?

The penalty for torture can range from detention or imprisonment. Detention is applied in cases of omission, where someone had a legal duty to prevent torture but failed to do so. Imprisonment is the rule and applies in most cases, ranging from two to eight years.

What is the difference between detention and imprisonment in the context of torture cases?

Detention is a lighter penalty, only applied in cases of omission where someone failed to act against torture. Imprisonment, which is the rule, involves more severe consequences, with sentences ranging from two to eight years, and it is applicable to active participation in torture.

What constitutes torture as a qualified crime under Lei 9455/1997?

Torture becomes a qualified crime when it results in serious bodily harm, with imprisonment ranging from four to ten years, or when the victim dies due to the torture, with imprisonment ranging from eight to sixteen years.

What are the aggravating factors that can increase the penalty for torture under the law?

The penalty for torture can be increased by one-sixth to one-third if the crime is committed against a disabled person (physical or mental), an elderly person, a child, an adolescent, a pregnant woman, or when the crime is committed by a public official or involves kidnapping.

What happens to a public official convicted of torture according to Lei 9455/1997?

A public official convicted of torture loses their position, and in addition to serving their sentence, they are ineligible for any public office for a period twice as long as their sentence.