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The Right to a “Custody Hearing” under International Law

by Maria Laura Canineu
February 3, 2014

A person who is arrested has a right to be brought promptly before a judge. This is a longstanding and fundamental principle of international law, crucial for ensuring that the person’s arrest, treatment, and any ongoing detention are lawful.
Yet, until now, Brazil has not respected this right. Detainees often go months before seeing a judge. For instance, in São Paulo state, which houses 37 percent of Brazil’s total prison population, most detainees are not brought before a judge for at least three months. The risk of ill-treatment is often highest during the initial stages of detention, when police are questioning a suspect. The delay makes detainees more vulnerable to torture and other serious forms of mistreatment by abusive police officers.
In 2012, the UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment reported that it had received “repeated and consistent accounts of torture and ill-treatment” in São Paulo and other Brazilian states, “committed by, in particular, the military and civil police.” The torture had allegedly occurred in police custody or at the moment of arrest, on the street, inside private homes, or in hidden outdoor areas, and was described as “gratuitous violence, as a form of punishment, to extract confessions, and as a means of extortion.”
In addition to violating the rights of detainees, these abusive practices make it more difficult for the police to establish the kind of public trust that is often crucial for effective crime control. These practices undermine legitimate efforts to promote public security and curb violent crime, and thus have a negative impact on Brazilian society as a whole.
The right to be brought before a judge without unnecessary delay is enshrined in treaties long ago ratified by Brazil, including the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights. The United Nations Human Rights Committee, which is responsible for interpreting the ICCPR, has determined that the delay between the arrest of an accused and the time before he is brought before a judicial authority “should not exceed a few days,” even during states of emergency.
Other countries in Latin America have incorporated this right into their domestic law. For instance, in Argentina, the federal Criminal Procedure Code requires that in cases of arrest without a judicial order, the detainee must be brought to a competent judicial authority within six hours.
In contrast, Brazil’s criminal procedure code requires that when an adult is arrested in flagrante and held in police custody, only the police files of the case need to be presented to the judge within 24 hours, not the actual detainee. Judges evaluate the legality of the arrest and make the decision about whether to order continued detention or other precautionary measures based solely on the written documents provided by the police.
The code establishes a maximum of 60 days for the first judicial hearing with the detainee, but does not explicitly say when this period begins. In practice, this often means that police in Brazil can keep people detained, with formal judicial authorization, for several months, without giving the detainee a chance to actually see a judge.
According to the code, the only circumstance in which police need to bring a person before the judge immediately applies to cases of crimes not subject to bail in which arresting officer was not able to exhibit the arrest order to the person arrested at the time of arrest. Otherwise, the detainee may also not see a judge for several months.

(www.hrw.org. Editado e adaptado)


A partir da leitura do texto, é possível afirmar que

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In foreign language education, the teaching of culture remains a hotly debated issue. What is culture? What is its relation to language? Which and whose culture should be taught? What role should the learners’ culture play in the acquisition of knowledge of the target culture? How can we avoid essentializing cultures and teaching stereotypes? And how can we develop in the learners an intercultural competence that would shortchange neither their own culture nor the target culture, but would make them into cultural mediators in a globalized world? This paper explores these issues from the perspective of the large body of research done in Australia, Europe and the U.S. in the last twenty years. It links the study of culture to the study of discourse (see, e.g., Kramsch 1993, 1998, 2004) and to the concept of translingual and transcultural competence proposed by the Modern Language Association (e.g., Kramsch, 2010).



(https://files.eric.ed.gov/fulltext/EJ1127430)

Dentre os resultados da pesquisa, o autor menciona

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No one who speaks English has any difficulty understanding the meaning of a sentence like ‘It’s warm in here’. We all recognise that it is a comment on the temperature in some place or other. But why it is being said, and what the speaker wishes to convey by saying it, depends entirely on two things: the context in which it is said and what the speaker wants people to understand (...) The meaning of language depends on where it occurs within a larger stretch of discourse, and thus the relationship that the different language elements have with what comes before and after them. In other words, speakers and writers have to be able to operate with more than just words and grammar; they have to be able to string utterances together.

Our ability to function properly in conversation or writing depends not only on reacting to the context in which we are using the language, but also on the relationship between words and ideas in longer texts.

Words can also mean more than one thing, for example, ‘book’ (= something to read, to reserve, a list of bets, etc.), ‘beat’ (= to win, to hit, to mix, e.g. an egg, the ‘pulse’ of music/a heart) and ‘can’ (= ability, permission, probability – and a container made of metal). Notice that, in these examples, not only can the same form have many meanings, but it can also be different parts of speech.

With so many available meanings for words and grammatical forms, it is the context the word occurs in which determines which of these meanings is being referred to. If we say, ‘I beat him because I ran faster than he did’, ‘beat’ is likely to mean won rather than physically assaulted or mixed (though there is always the possibility of ambiguity, of course).



(Harmer, 1998. Adaptado)

Considerando situações corriqueiras, a sentença que contém ambiguidade e, portanto, precisa de contexto mais específico para ser compreendida, é

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Robots are writing more of what we read on the internet. And artificial intelligence (AI) writing tools are becoming freely available for anyone, including students, to use.


In a period of rapid change, there are enormous ethical implications for post-human authorship — in which humans and machines collaborate. The study of AI ethics needs to be central to education as we increasingly use machinegenerated content to communicate with others.


AI robot writers, such as GPT-3 (Generative Pre-trained Transformer) take seconds to create text that seems like it was written by humans. In September, 2020 GPT-3 wrote an entire essay in The Guardian to convince people not to fear artificial intelligence. As recently as 2019, this kind of technology seemed a long way off. But today, it is readily available.


Of course, there’s the issue of cheating on essays and other assignments. School and university leaders need to have difficult conversations about what constitutes “authorship” and “editorship” in the post-human age. We are all (already) writing with technological devices, even just via spelling and grammar checkers.


(https://theconversation.com. Adaptado)

As questões levantadas no texto sobre o uso de IA em ambientes educacionais podem mais diretamente trazer preocupações aos professores quando atendendo ao seguinte aspecto discriminado no Currículo Paulista:
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Information and communication technology (ICT)


ICT uses language to develop and apply technical computing skills. Learners practise how to find, develop, analyse and present information, and they learn how to model situations, solve problems and evaluate their solutions. There are many opportunities for CLIL ICT teachers to support their learners’ understanding of key ICT concepts and skills through the use of physical objects, visuals, demonstrations and hands-on practice. It is these visual elements of the subject that makes ICT a good one for learners who are new to CLIL. However, since ICT lessons may often concentrate on technical skills or involve learners sitting silently behind a computer, the challenge for ICT teachers is to create opportunities for CLIL learners to think for themselves, to speak and to practise communicating in writing. ICT is ideal for cross-curricular work: learners can use the content of theirsubject lessons to carry out ICT tasks in another language. As they develop ICT knowledge and skills, CLIL learners can be taught how to think, talk and write like ICT specialists.


(DALE, Liz; TANNER, Rosie. CLIL activities: a resource for subjects and language teachers. Cambridge: Cambridge University, 2012)
According to the paragraph, one of the challenges ICT teachers face in CLIL lessons is

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Violence Prevention Among Young People in Brazil

Crime and violence have increased dramatically in Brazil in recent decades, particularly in large urban areas, leading to more intense public debate on causes and solutions. The right to life is the most fundamental of all rights. Having security means living without fearing the risk of violation of one’s life, liberty, physical integrity or property. Security means not only to be free from actual risks, but also to be able to enjoy the feeling of security. In this respect, human rights are systematically undermined by violence and insecurity.

UNESCO expects to play a primary role in supporting actions of social inclusion to help in the prevention of violence, especially among young people. The attributes and resources to be found in the heart of the Organization’s different areas will be grouped around this objective.

Violence is seen as a violation of fundamental human rights, as a threat to the respect for the principles of liberty and equality. An approach focused on the access to quality education, to decent jobs, to cultural, sports and leisure activities, to digital inclusion and the protection and promotion of human rights and of the environment will be implemented as a response to the challenge of preventing violence among youths. Such approach should also help in creating real opportunities for young people to improve their life conditions and develop their citizenship.

(www.unesco.org. Adaptado)

The text presents the idea that the rise in crime and violence menaces

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What is organized crime?

Organized crime was characterised by the United Nations, in 1994, as: “group organization to commit crime; hierarchical links or personal relationships which permit leaders to control the group: violence, intimidation and corruption used to earn profits or control territories or markets; laundering of illicit proceeds both in furtherance of criminal activity and to infiltrate the legitimate economy; the potential for expansion into any new activities and beyond national borders; and cooperation with other organized transnational criminal groups.”

It is increasingly global. Although links between, for example, mafia groups in Italy and the USA have existed for decades, new and rapid means of communication have facilitated the development of international networks. Some build on shared linguistic or cultural ties, such as a network trafficking drugs and human organs, which links criminal gangs in Mozambique, Portugal, Brazil, Pakistan, Dubai and South Africa. Others bring together much less likely groups, such as those trafficking arms, drugs and people between South Africa, Nigeria, Pakistan and Russia, or those linking the Russian mafia with Colombian cocaine cartels or North American criminal gangs with the Japanese Yakuza. Trafficked commodities may pass from group to group along the supply chain; for instance heroin in Italy has traditionally been produced in Afghanistan, transported by Turks, distributed by Albanians, and sold by Italians.

Organized crime exploits profit opportunities wherever they arise. Globalization of financial markets, with free movement of goods and capital, has facilitated smuggling of counterfeit goods (in part a reflection of the creation of global brands), internet fraud, and money-laundering. On the other hand, organized crime also takes advantage of the barriers to free movement of people across national borders and the laws against non-medicinal use of narcotics: accordingly it earns vast profits in smuggling migrants and psychoactive drugs. Briquet and Favarel have identified deregulation and the “rolling back of the state” in some countries as creating lacunae that have been occupied by profiteers. The political changes in Europe in the late 1980s fuelled the growth in criminal networks, often involving former law enforcement officers. Failed states, such as the Democratic Republic of Congo or Sierra Leone, have provided further opportunities as criminal gangs smuggle arms in and commodities out, for example diamonds, gold, and rare earth metals, often generating violence against those involved in the trade and in the surrounding communities. Finally, there are a few states, such as the Democratic Republic of Korea and Burma and Guinea-Bissau (once described as a narco-state) where politicians have been alleged to have played an active role in international crime.

Organized criminal gangs have strong incentives. Compared with legitimate producers, they have lower costs of production due to the ability to disregard quality and safety standards, tax obligations, minimum wages or employee benefits. Once established, they may threaten or use violence to eliminate competitors, and can obtain favourable treatment by regulatory authorities either through bribes or threats.

(www.globalizationandhealth.com. Adaptado)

Segundo o texto, um dos fatores que incentiva o crime organizado é o

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Violence Prevention Among Young People in Brazil

Crime and violence have increased dramatically in Brazil in recent decades, particularly in large urban areas, leading to more intense public debate on causes and solutions. The right to life is the most fundamental of all rights. Having security means living without fearing the risk of violation of one’s life, liberty, physical integrity or property. Security means not only to be free from actual risks, but also to be able to enjoy the feeling of security. In this respect, human rights are systematically undermined by violence and insecurity.

UNESCO expects to play a primary role in supporting actions of social inclusion to help in the prevention of violence, especially among young people. The attributes and resources to be found in the heart of the Organization’s different areas will be grouped around this objective.

Violence is seen as a violation of fundamental human rights, as a threat to the respect for the principles of liberty and equality. An approach focused on the access to quality education, to decent jobs, to cultural, sports and leisure activities, to digital inclusion and the protection and promotion of human rights and of the environment will be implemented as a response to the challenge of preventing violence among youths. Such approach should also help in creating real opportunities for young people to improve their life conditions and develop their citizenship.

(www.unesco.org. Adaptado)

No trecho do primeiro parágrafo – Security means not only to be free from actual risks, but also to be able to enjoy the feeling of security. – a expressão not onlybut also indica

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Violence Prevention Among Young People in Brazil

Crime and violence have increased dramatically in Brazil in recent decades, particularly in large urban areas, leading to more intense public debate on causes and solutions. The right to life is the most fundamental of all rights. Having security means living without fearing the risk of violation of one’s life, liberty, physical integrity or property. Security means not only to be free from actual risks, but also to be able to enjoy the feeling of security. In this respect, human rights are systematically undermined by violence and insecurity.

UNESCO expects to play a primary role in supporting actions of social inclusion to help in the prevention of violence, especially among young people. The attributes and resources to be found in the heart of the Organization’s different areas will be grouped around this objective.

Violence is seen as a violation of fundamental human rights, as a threat to the respect for the principles of liberty and equality. An approach focused on the access to quality education, to decent jobs, to cultural, sports and leisure activities, to digital inclusion and the protection and promotion of human rights and of the environment will be implemented as a response to the challenge of preventing violence among youths. Such approach should also help in creating real opportunities for young people to improve their life conditions and develop their citizenship.

(www.unesco.org. Adaptado)

No segundo parágrafo this objective refere-se, no texto,

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What is organized crime?

Organized crime was characterised by the United Nations, in 1994, as: “group organization to commit crime; hierarchical links or personal relationships which permit leaders to control the group: violence, intimidation and corruption used to earn profits or control territories or markets; laundering of illicit proceeds both in furtherance of criminal activity and to infiltrate the legitimate economy; the potential for expansion into any new activities and beyond national borders; and cooperation with other organized transnational criminal groups.”

It is increasingly global. Although links between, for example, mafia groups in Italy and the USA have existed for decades, new and rapid means of communication have facilitated the development of international networks. Some build on shared linguistic or cultural ties, such as a network trafficking drugs and human organs, which links criminal gangs in Mozambique, Portugal, Brazil, Pakistan, Dubai and South Africa. Others bring together much less likely groups, such as those trafficking arms, drugs and people between South Africa, Nigeria, Pakistan and Russia, or those linking the Russian mafia with Colombian cocaine cartels or North American criminal gangs with the Japanese Yakuza. Trafficked commodities may pass from group to group along the supply chain; for instance heroin in Italy has traditionally been produced in Afghanistan, transported by Turks, distributed by Albanians, and sold by Italians.

Organized crime exploits profit opportunities wherever they arise. Globalization of financial markets, with free movement of goods and capital, has facilitated smuggling of counterfeit goods (in part a reflection of the creation of global brands), internet fraud, and money-laundering. On the other hand, organized crime also takes advantage of the barriers to free movement of people across national borders and the laws against non-medicinal use of narcotics: accordingly it earns vast profits in smuggling migrants and psychoactive drugs. Briquet and Favarel have identified deregulation and the “rolling back of the state” in some countries as creating lacunae that have been occupied by profiteers. The political changes in Europe in the late 1980s fuelled the growth in criminal networks, often involving former law enforcement officers. Failed states, such as the Democratic Republic of Congo or Sierra Leone, have provided further opportunities as criminal gangs smuggle arms in and commodities out, for example diamonds, gold, and rare earth metals, often generating violence against those involved in the trade and in the surrounding communities. Finally, there are a few states, such as the Democratic Republic of Korea and Burma and Guinea-Bissau (once described as a narco-state) where politicians have been alleged to have played an active role in international crime.

Organized criminal gangs have strong incentives. Compared with legitimate producers, they have lower costs of production due to the ability to disregard quality and safety standards, tax obligations, minimum wages or employee benefits. Once established, they may threaten or use violence to eliminate competitors, and can obtain favourable treatment by regulatory authorities either through bribes or threats.

(www.globalizationandhealth.com. Adaptado)

De acordo com o texto, uma das características do crime organizado, segundo a ONU, é
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ELF: English as a lingua franca


The Vienna Oxford International Corpus of English (VOICE), a collection of English as a Lingua Franca (ELF) currently under construction, defines lingua franca as an additionally acquired language system that serves as a means of communication for speakers from different speech communities, who use it to communicate with each other but for whom it is not their native language.

Early findings from the VOICE corpus tentatively identify a number of features which point to systematic lexicogrammatical differences between native-speaker English and ELF, for example dropping the third person present tense ‘s’ (e.g. she wear), omitting definite and indefinite articles, insertion of prepositions (e.g. can we discuss about this issue). These features are not a threat to comprehension, as they involve typical errors that most English teachers would correct and remediate. However, Seidlhofer (2004) points out that they appear to be generally unproblematic and do not cause an obstacle to communicative success in ELF.

The work of Jenkins (1996, 2000, 2004, 2005) has also been very influential in relation to the teaching of pronunciation for ELF. Her research finds that a number of items common to most native-speaker varieties of English were not necessary in successful ELF interactions; for example, the substitution of voiceless and voiced th with /t/ or /s/ and /d/ or /z/ (e.g. think became sink or tink, and this became dis or zis). Jenkins argues that such features occur regularly in ELF interactions and do not cause intelligibility problems.

Problems may arise in the (perhaps unfair) equation between a reduced or ‘stripped down’ ELF syllabus and an impoverished experience of the L2. Indeed, it could be argued that learners of any language always end up producing less than the input they are exposed to, and that if that input itself is deliberately restricted, then even less will be the outcome.


(O’KEEFFE, A., MCCARTHY, M. & CARTER, R. From corpus to classroom. Language Use and Language Teaching. Cambridge, CUP. 2007. Adaptado)
English as a lingua franca can be differentiated from other languages or from other varieties of English in that it
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ELF: English as a lingua franca


The Vienna Oxford International Corpus of English (VOICE), a collection of English as a Lingua Franca (ELF) currently under construction, defines lingua franca as an additionally acquired language system that serves as a means of communication for speakers from different speech communities, who use it to communicate with each other but for whom it is not their native language.

Early findings from the VOICE corpus tentatively identify a number of features which point to systematic lexicogrammatical differences between native-speaker English and ELF, for example dropping the third person present tense ‘s’ (e.g. she wear), omitting definite and indefinite articles, insertion of prepositions (e.g. can we discuss about this issue). These features are not a threat to comprehension, as they involve typical errors that most English teachers would correct and remediate. However, Seidlhofer (2004) points out that they appear to be generally unproblematic and do not cause an obstacle to communicative success in ELF.

The work of Jenkins (1996, 2000, 2004, 2005) has also been very influential in relation to the teaching of pronunciation for ELF. Her research finds that a number of items common to most native-speaker varieties of English were not necessary in successful ELF interactions; for example, the substitution of voiceless and voiced th with /t/ or /s/ and /d/ or /z/ (e.g. think became sink or tink, and this became dis or zis). Jenkins argues that such features occur regularly in ELF interactions and do not cause intelligibility problems.

Problems may arise in the (perhaps unfair) equation between a reduced or ‘stripped down’ ELF syllabus and an impoverished experience of the L2. Indeed, it could be argued that learners of any language always end up producing less than the input they are exposed to, and that if that input itself is deliberately restricted, then even less will be the outcome.


(O’KEEFFE, A., MCCARTHY, M. & CARTER, R. From corpus to classroom. Language Use and Language Teaching. Cambridge, CUP. 2007. Adaptado)
Read the two quotations by two researchers, commenting on some lexico-grammatical features of English as a lingua franca:

“Seidlhofer (2004) points out that they appear to be generally unproblematic and do not cause an obstacle to communicative success in ELF.” (paragraph 2)
“Jenkins argues that such features occur regularly in ELF interactions and do not cause intelligibility problems.” (paragraph 3)

From the two statements it is possible to understand that, in the teaching of English as a língua franca, a central issue concerning learners’ production of the English language is
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Practice often receives an unfair treatment in the field of applied linguistics. Most laypeople simply assume that practice is a necessary condition for language learning without giving the concept much further thought, but many applied linguists deliberately avoid the term practice. For some, the word conjures up images of repetitive drills in the factories of foreign language learning, while for others it means fun and games to entertain students on Friday afternoons.

Practice is by no means a dirty word in other domains of human endeavor, however. Parents dutifully take their kids to soccer practice, and professional athletes dutifully show up for team practice, sometimes even with recent injuries. Parents make their kids practice their piano skills at home, and the world’s most famous performers of classical music often practice for many hours a day, even if it makes their fingers hurt. If even idolized, spoiled, and highly paid celebrities are willing to put up with practice, why not language learners, teachers, or researchers?


(DEKEYSER, Robert. Practice in a second language. Perspectives from Applied Linguistics and Cognitive Psychology. Cambridge, 2007. Adaptado)
In the context of the second paragraph, the extract “Parents dutifully take their kids to soccer practice, and professional athletes dutifully show up for team practice, sometimes even with recent injuries. Parents make their kids practice their piano skills at home, and the world’s most famous performers of classical music often practice for many hours a day, even if it makes their fingers hurt” aims at

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No one who speaks English has any difficulty understanding the meaning of a sentence like ‘It’s warm in here’. We all recognise that it is a comment on the temperature in some place or other. But why it is being said, and what the speaker wishes to convey by saying it, depends entirely on two things: the context in which it is said and what the speaker wants people to understand (...) The meaning of language depends on where it occurs within a larger stretch of discourse, and thus the relationship that the different language elements have with what comes before and after them. In other words, speakers and writers have to be able to operate with more than just words and grammar; they have to be able to string utterances together.

Our ability to function properly in conversation or writing depends not only on reacting to the context in which we are using the language, but also on the relationship between words and ideas in longer texts.

Words can also mean more than one thing, for example, ‘book’ (= something to read, to reserve, a list of bets, etc.), ‘beat’ (= to win, to hit, to mix, e.g. an egg, the ‘pulse’ of music/a heart) and ‘can’ (= ability, permission, probability – and a container made of metal). Notice that, in these examples, not only can the same form have many meanings, but it can also be different parts of speech.

With so many available meanings for words and grammatical forms, it is the context the word occurs in which determines which of these meanings is being referred to. If we say, ‘I beat him because I ran faster than he did’, ‘beat’ is likely to mean won rather than physically assaulted or mixed (though there is always the possibility of ambiguity, of course).



(Harmer, 1998. Adaptado)

O objetivo principal do texto de Harmer (1998) é mostrar que
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