期刊名称：Brazilian Journal of Forensic Sciences, Medical Law and Bioethics
电子版ISSN：2237-261X
出版年度：2014
卷号：4
期号：1
页码：134-146
DOI：10.17063/bjfs4-1-y2014134
出版社：Instituto Paulista de Estudos Bioéticos e Jurídicos
摘要：This paper aims to study the classification of dental lesions in Article 129 of the Brazilian Penal Code through analysis of judgments, establishing the opinions given by judges of different courts in different years and establishing whether the decisions taken heed the pronouncements expert, assessing their causes and consequences.The court decisions were selected through the search on websites of Courts of Justice in Brazilian states and Federal District, analyzing those related to criminal procedures where there was fracture or loss of teeth.The sample consisted of 44 judgments among the states of Minas Gerais (3), Pará (3), Amapá (4), Paraná (1), Rio Grande do Sul (2), Santa Catarina (8), São Paulo (22) e Sergipe (1) judged between the years 1996 and 2009.25% of surveyed jurisprudence decided by the non-existence of qualifiers of Article 129 of the Criminal Code disregarding the expert report.The decisions that illustrate this paper only heed the expert pronouncements that are clear, detailed and sufficiently informative.Thus, by deficiencies in the report, can a defendant causing fractures and dental avulsions in others not receive the appropriate penalty for his conduct.
