Abstract

In criminal lawsuits, the magistrate often needs technical contribution of an expert on the subject related to the crime, for the application of the penal sanction. This study aimed to analyze lawsuits, expert reports and epidemiological data of violent death cases, in which there was involvement of the face, head and neck in the region that covered by the Legal Medical Institute (LMI) of Araraquara-SP. For this purpose, decisions of the Court of Justice of São Paulo State were researched, in the period from 2012 to September 2017. The judgments were read and those related to consummated homicide, body injury followed by death and robbery were selected. The expert reports corresponding to the selected cases were searched in the LMI of Araraquara. This search resulted in 49 reports, which were analyzed. We observed that the majority of homicide and robbery victims were male, white, under 40 years of age and of low education level. The epidemiological data found were consistent with the data presented by Brazilian government agencies. The expert reports analyzed were performed exclusively by medical examiners, using technical language and detailed description of the lesions and the instruments that caused them. The most frequent causes of death were traumatic brain injury (41.67%), multiple trauma (10.42%), hemorrhagic shock (10.42%) and anemia (10.42%). The most frequent instruments, which caused injuries, were the perforating-blunt (26.42%), the forceful (22.64%) and the perforating-cutting (20.75%). In general, the reports presented good quality, tending to be of great help for the clarification of criminal justice.

Highlights

  • Violence, a set of actions by one or more individuals that cause physical or psychological harm to themselves or others, presents a chronic problem in social, economic and political structures, posing risk to the human development process, with potential threats life and health and, the possibility of death (Oliveira, 2008; Reichenheim et al, 2011; Magnabosco et al, 2020; Ribeiro & Laureano Filho, 2020).Its impact can be verified worldwide in several ways

  • The present research corresponds to a documentary study, with an observational, retrospective, epidemiological exploratory design, with a cross-sectional and quantitative approach, as presented by Pereira et al (2018). It was approved by the Committee of Ethics in Research in Human Beings of the Faculty of Dentistry of Araraquara - UNESP (CAAE n. 75941317.8.0000.5413). The development of this project was divided into two stages: in the first phase, second instance decisions were taken, from criminal cases originating in the State of São Paulo, from January 2012 to September 2017, of violent death cases in which the regions of the face, head and neck have been affected; in the second stage, the expert reports corresponding to the lawsuits were analyzed, referring to expert reports carried out at the Legal Medical Institute of Araraquara-SP

  • B) Subject: simple homicide, privileged homicide, qualified homicide, bodily injury followed by death and robbery. c) In the comarca field, were selected those whose competence to perform the expert examinations was from the Legal Medical Institute of Araraquara-SP: Américo Brasiliense, Araraquara, F.D

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Summary

Introduction

A set of actions by one or more individuals that cause physical or psychological harm to themselves or others, presents a chronic problem in social, economic and political structures, posing risk to the human development process, with potential threats life and health and, the possibility of death (Oliveira, 2008; Reichenheim et al, 2011; Magnabosco et al, 2020; Ribeiro & Laureano Filho, 2020).Its impact can be verified worldwide in several ways. Violence is estimated to be a leading cause of death for people aged 15-44 worldwide (Dahlberg & Krug, 2006). In Brazil, mortality due to homicides attracts attention, fundamentally because, in addition to occurring in large numbers, it reaches, in most cases, a young and low-income population (Costa, 1999). According to United Nations Organization (UN) data, for 2009, the homicide rate in Brazil was among the highest in the world, with 22.7 homicides for 100,000 inhabitants, occupying the third place in South America (Estelita et al, 2013). Brazil has a number almost five times higher than the world index, which is 6.2 (Borges et al, 2013). In 2011 there were 14 Brazilian cities listed among the 50 most violent in the world

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