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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)
FGV•
"We've also studied the simple technologies, such as Velcro and resealable plastic bags, which astronauts use to recreate the Earthly effect of gravity in the microgravity environment − to keep things where you left them, so they don't float away."
In this context, the phrase "recreate the Earthly effect of gravity" is an example of:
Read the excerpt to answer the question.
“JACK: We must get married at once. There is no time to be lost.
GWENDOLEN: Married, Mr. Worthing?
JACK: Well... surely. You know that I love you, and you let me to believe, Miss Fairfax, that you were not absolutely indifferent to me.
GWENDOLEN: I adore you. But you haven't proposed to me yet. Nothing has been said at all about marriage. The subject has not even been touched on.
JACK: Well... may I propose to you now?
GWENDOLEN: I think it would be an admirable opportunity. And to spare you any possible disappointment, Mr. Worthing, I think it only fair to tell you quite frankly beforehand that I am fully determined to accept you.”
Oscar Wilde, The Importance of Being Earnest
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Read Text I and answer the fourteen questions that follow it
Text I The “literacy turn” in education: reexamining
what it means to be literate
In response to the phenomena of mass migration and the emergence of digital communications media that defined the last decade of the 20th century, the New London Group (NLG) called for a broader view of literacy and literacy teaching in its 1996 manifesto, A Pedagogy of Multiliteracies: Designing Social Futures. The group argued that literacy pedagogy in education must (1) reflect the increasing cultural and linguistic diversity of the contemporary globalized world, and (2) account for the new kinds of texts and textual engagement that have emerged in the wake of new information and multimedia technologies. In order to better capture the plurality of discourses, languages, and media, they proposed the term ‘multiliteracies’.
Within the NLG’s pedagogy of multiliteracies, language and other modes of communication are viewed as dynamic resources for meaning making that undergo constant changes in the dynamics of language use as learners attempt to achieve their own purposes. Within this broader view of literacy and literacy teaching, learners are no longer “users as decoders of language” but rather “designers of meaning.” Meaning is not viewed as something that resides in texts; rather, deriving meaning is considered an active and dynamic process in which learners combine and creatively apply both linguistic and other semiotic resources (e.g., visual, gesture, sound, etc.) with an awareness of “the sets of conventions connected with semiotic activity [...] in a given social space” (NLG, 1996, p. 74).
Grounded within the view that learning develops in social, cultural, and material contexts as a result of collaborative interactions, NLG argued that instantiating literacy-based teaching in classrooms calls on the complex integration and interaction of four pedagogical components that are neither hierarchical nor linear and can at times overlap: situated practice, overt instruction, critical framing, and transformed practice. […]
Although the NLG’s pedagogy of multiliteracies was conceived as a “statement of general principle” (1996, p. 89) for schools, the group’s call for educators to recognize the diversity and social situatedness of literacy has had a lasting impact on foreign language (FL) teaching and learning. The reception of the group’s work along with that of other scholars from critical pedagogy appeared at a time when the field was becoming less solidly anchored in theories of L2 acquisition and more interested in the social practice of FL education itself. In the section that follows, we describe the current state of FL literacy studies as it has developed in recent years, before finally turning to some very recent emerging trends that we are likely to see develop going forward.
(Adapted from: https://www.colorado.edu/center/altec/sites/default/files/ attachedfiles/moving_toward_multiliteracies_in_foreign_language_teaching.pdf)
Leia o texto para responder à questão.
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)
Read the text to answer question.
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)
Read the text to answer question.
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)
Text 9A3-I
If you were to judge 2018’s most important legal technology by looking at conference agendas and media coverage, you’d probably say it was the continuing development of artificial intelligence. But if you judge the most important technology by its direct impact on the practice of law, then it would have to be analytics. As I suggested in a recent column, we could be nearing the point where it would be malpractice for a lawyer not to use analytics.
Internet: <lawsitesblog.com> (adapted).
I. People should create artworks to honour Gaia’s memory, according to her family’s appeal.
II. People must remain silent and avoid expressing grief through art.
III. People can share their artworks online using the hashtag #JusticeForGaia.
Which statement(s) is/are correct?