Questões de Inglês

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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)

According to the text, the right to Custody Hearing means that

TEXTO 

 

    Deu José meia dúzia de muxoxos abafados e foi-se embora, praguejando entre dentes.

    Novamente supôs Meyer dever desculpá-lo.

    — Bom homem, disse, bom homem... porém fala terrivelmente!...

    — Mas agora me conte, perguntou Pereira com ar de quem queria certificar-se de coisa posta muito em dúvida, deveras o senhor anda palmeando estes sertões para fisgar anicetos?

    — Pois não, respondeu Meyer com algum entusiasmo, na minha terra valem muito dinheiro para estudos, museus e coleções. Estou viajando por conta de meu governo, e já mandei bastantes caixas todas cheias... É muito precioso!...

    — Ora, vejam só, exclamou Pereira. Quem havera de dizer que até com isso se pode bichar! Cruz! Um homem destes, um doutor, andar correndo atrás de vaga-lumes e voadores do mato, como menino às voltas com cigarras! M0uito se aprende neste mundo! E quer o senhor saber uma coisa? Se eu não tivesse família, era capaz de ir com vosmecê por esses fundões afora, porque sempre gostei de lidar com pessoas de qualidade e instrução... Eu sou assim... Quem me conhece, bem sabe... Homem de repentes... Vem-me cá uma ideia muito estrambótica às vezes, mas embirro e acabou-se; porque, se há alguém esturrado e teimoso, é este seu criado... Quando empaco, empaco de uma boa vez... Fosse no tempo de solteiro, e eu me botava com o senhor a catar toda essa bicharada dos sertões. Era capaz de ir dar com os ossos lá na sua terra... Não me olhe pasmado, não... Isso lá eu era... Nem que tivesse de passar canseiras como ninguém... O caso era meter-se-me a tenção nos cascos... Dito e feito; acabou-se... Fossem buscar o remédio onde quisessem... mas duvido que o achassem.

    — Como vai a doente? perguntou distraidamente Cirino cortando aquela catadupa de palavras.

    — Ora, estou muito contente. Já tomou nova dose, e parece quase boa. Está com outra feição. O senhor fez um milagre...

     — Abaixo de Deus e da Virgem puríssima, concordou Cirino com toda a modéstia.

    — O senhor não cura? perguntou Pereira a Meyer.

    — Nô senhor. Sou doutor em filosofia pela Universidade de Iena, onde...

    — Isso é nome de bicho? atalhou o mineiro.
     — Nô senhor. É uma cidade.
[...]

    (TAUNAY, Visconde de. Inocência. São Paulo: FTD, 1996. p. 76-77. Adaptado.)

    Read this sentence taken from Text: “O senhor fez um milagre...”

 

    Read the options provided below:

 

I-You have performed a miracle.

II-You have worked a miracle.

III-You have set up a miracle.

IV-You have done a miracle.    

V-You have used a miracle.

VI-You have made a miracle.

 

    Choose the only option with sentences that are correct in English according to the meaning presented in the text.

    Languages and cultures use non-verbal communication which conveys meaning. Although many gestures are similar in Thai and English such as nodding for affirmation many others are not shared. A good example of this is the ubiquitous “Thai smile”. The “smile” carries a far wider range of meanings in Thai than it does in English culture. This can sometimes lead to serious communication breakdowns between Thais and English speakers.

 

    An example from my own early experience in Thailand illustrates the point. When confronting the Thai owner of a language school with administrative problems, complaints regarding student numbers in the class were met by a beaming smile and little else. I took this to mean lack of concern or an attempt to trivialise or ignore the problem. I left the discussion upset and angry by what appeared to be the owner’s offhand attitude to my problems.

 

    It was only later when another native speaking English teacher, with considerably more experience of Thailand, explained that a smile meant an apology and the fact that the following day all my complaints had been addressed, that I fully understood the situation.

Disponível em: www.spring.org.uk. Acesso em: 11 jul. 2011 (fragmento).

 

Viver em um país estrangeiro pode ser uma experiência enriquecedora, embora possa também ser um desafio, pelo choque cultural.

 

A experiência relatada pelo autor do texto revela diferentes atribuições de sentido a um determinado comportamento, mostrando que naquela situação o sorriso indicava um(a)

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How can consumers find out if a corporation is “greenwashing” environmentally unsavory practices?

June 29, 2013

    In essence, greenwashing involves falsely conveying to consumers that a given product, service, company or institution factors environmental responsibility into its offerings and/or operations. CorpWatch, a non-profit organization dedicated to keeping tabs on the social responsibility (or lack thereof) of U.S.-based companies, characterizes greenwashing as “the phenomena of socially and environmentally destructive corporations, attempting to preserve and expand their markets or power by posing as friends of the environment.”

    One of the groups leading the charge against greenwashing is Greenpeace. “Corporations are falling all over themselves,” reports the group, “to demonstrate that they are environmentally conscious. The average citizen is finding it more and more difficult to tell the difference between those companies genuinely dedicated to making a difference and those that are using a green curtain to conceal dark motives.”

    Greenpeace launched its Stop Greenwash campaign in 2009 to call out bad actors and help consumers make better choices. The most common greenwashing strategy, the group says, is when a company touts an environmental program or product while its core business is inherently polluting or unsustainable.

    Another involves what Greenpeace calls “ad bluster”: using targeted advertising or public relations to exaggerate a green achievement so as to divert attention from actual environmental problems – or spending more money bragging about green behavior than on actual deeds. In some cases, companies may boast about corporate green commitments while lobbying behind the scenes against environmental laws.

    Greenpeace also urges vigilance about green claims that brag about something the law already requires: “For example, if an industry or company has been forced to change a product, clean up its pollution or protect an endangered species, then uses Public Relations campaigns to make such action look proactive or voluntary.”

    For consumers, the best way to avoid getting “greenwashed” is to be educated about who is truly green and who is just trying to look that way to make more money. Look beyond advertising claims, read ingredient lists or ask employees about the real information on their company’s environmental commitment. Also, look for labels that show if a given offering has been inspected by a reliable third-party. For example, the U.S. Department of Agriculture’s Certified Organic label can only go on products that meet the federal government’s organic standard. Just because a label says “made with organic ingredients” or “all-natural” does not mean the product qualifies as Certified Organic, so be sure to look beyond the hype.

(www.scientificamerican.com. Adaptado.)

No trecho final do último parágrafo – “all-natural” does not mean the product qualifies as Certified Organic, so be sure to look beyond the hype. –, a conjunção so pode ser substituída, sem alteração de sentido, por

Leia o texto para responder a questão.

 

How can consumers find out if a corporation is “greenwashing” environmentally unsavory practices?

June 29, 2013

    In essence, greenwashing involves falsely conveying to consumers that a given product, service, company or institution factors environmental responsibility into its offerings and/or operations. CorpWatch, a non-profit organization dedicated to keeping tabs on the social responsibility (or lack thereof) of U.S.-based companies, characterizes greenwashing as “the phenomena of socially and environmentally destructive corporations, attempting to preserve and expand their markets or power by posing as friends of the environment.”

    One of the groups leading the charge against greenwashing is Greenpeace. “Corporations are falling all over themselves,” reports the group, “to demonstrate that they are environmentally conscious. The average citizen is finding it more and more difficult to tell the difference between those companies genuinely dedicated to making a difference and those that are using a green curtain to conceal dark motives.”

    Greenpeace launched its Stop Greenwash campaign in 2009 to call out bad actors and help consumers make better choices. The most common greenwashing strategy, the group says, is when a company touts an environmental program or product while its core business is inherently polluting or unsustainable.

    Another involves what Greenpeace calls “ad bluster”: using targeted advertising or public relations to exaggerate a green achievement so as to divert attention from actual environmental problems – or spending more money bragging about green behavior than on actual deeds. In some cases, companies may boast about corporate green commitments while lobbying behind the scenes against environmental laws.

    Greenpeace also urges vigilance about green claims that brag about something the law already requires: “For example, if an industry or company has been forced to change a product, clean up its pollution or protect an endangered species, then uses Public Relations campaigns to make such action look proactive or voluntary.”

    For consumers, the best way to avoid getting “greenwashed” is to be educated about who is truly green and who is just trying to look that way to make more money. Look beyond advertising claims, read ingredient lists or ask employees about the real information on their company’s environmental commitment. Also, look for labels that show if a given offering has been inspected by a reliable third-party. For example, the U.S. Department of Agriculture’s Certified Organic label can only go on products that meet the federal government’s organic standard. Just because a label says “made with organic ingredients” or “all-natural” does not mean the product qualifies as Certified Organic, so be sure to look beyond the hype.

(www.scientificamerican.com. Adaptado.)

No trecho do quarto parágrafo – to exaggerate a green achievement so as to divert attention –, a expressão so as equivale, em português, a

Leia o texto para responder a questão.

 

How can consumers find out if a corporation is “greenwashing” environmentally unsavory practices?

June 29, 2013

    In essence, greenwashing involves falsely conveying to consumers that a given product, service, company or institution factors environmental responsibility into its offerings and/or operations. CorpWatch, a non-profit organization dedicated to keeping tabs on the social responsibility (or lack thereof) of U.S.-based companies, characterizes greenwashing as “the phenomena of socially and environmentally destructive corporations, attempting to preserve and expand their markets or power by posing as friends of the environment.”

    One of the groups leading the charge against greenwashing is Greenpeace. “Corporations are falling all over themselves,” reports the group, “to demonstrate that they are environmentally conscious. The average citizen is finding it more and more difficult to tell the difference between those companies genuinely dedicated to making a difference and those that are using a green curtain to conceal dark motives.”

    Greenpeace launched its Stop Greenwash campaign in 2009 to call out bad actors and help consumers make better choices. The most common greenwashing strategy, the group says, is when a company touts an environmental program or product while its core business is inherently polluting or unsustainable.

    Another involves what Greenpeace calls “ad bluster”: using targeted advertising or public relations to exaggerate a green achievement so as to divert attention from actual environmental problems – or spending more money bragging about green behavior than on actual deeds. In some cases, companies may boast about corporate green commitments while lobbying behind the scenes against environmental laws.

    Greenpeace also urges vigilance about green claims that brag about something the law already requires: “For example, if an industry or company has been forced to change a product, clean up its pollution or protect an endangered species, then uses Public Relations campaigns to make such action look proactive or voluntary.”

    For consumers, the best way to avoid getting “greenwashed” is to be educated about who is truly green and who is just trying to look that way to make more money. Look beyond advertising claims, read ingredient lists or ask employees about the real information on their company’s environmental commitment. Also, look for labels that show if a given offering has been inspected by a reliable third-party. For example, the U.S. Department of Agriculture’s Certified Organic label can only go on products that meet the federal government’s organic standard. Just because a label says “made with organic ingredients” or “all-natural” does not mean the product qualifies as Certified Organic, so be sure to look beyond the hype.

(www.scientificamerican.com. Adaptado.)

Segundo o texto, uma das estratégias usadas pelas empresas para praticar greenwashing é