Tuesday, November 30, 2010

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MODIFICATIONS. COMMISSION INITIATIVE TO DELIVER THE CHAIR OF THE CONGRESS

writing culminate
the draft legislation to amend the text


liberties would improve standards, restrictions and responsibilities
The special committee reviewing the Penal Code concluded the drafting of the new draft Penal Code, incorporating various proposals on issues such as limited liability, minimum sentence of imprisonment, restrictions and prohibitions, provision of community services, among others.

This document will be delivered to the President of Congress to be derived after the legislative groups Justice and Human Rights, said the head of the commission, Carlos Torres Caro, who explained that the proposal consists of five titles. The first relates to general provisions applicable to international crimes. The second rule
the crimes of genocide, the third deals with the various forms of crimes against humanity. The fourth defines crimes against international humanitarian law, qualified as war crimes, and the fifth, the rules common to all types of crime.

"We ended the draft. It only remains for Parliament to take responsibility and, under age 20 who meets the Penal Code, can realize the great reform in criminal matters that the country needs, "said Torres.
Thus, among the most outstanding innovations made by the commission is limited to the incorporation in the first section of the prohibition of Ne bis in idem, essential principle of a code guarantees. It is also argued that the limited liability of those under age 21 and those over 18 is extended to all crimes.

has increased the minimum sentence of imprisonment to two years. "This reflects the fact that at present the standard (two days) is ineffective and is not consistent with the search effective solutions to the problem of illicit gain, "he said.
According to Articles 31 and 53 of the bill, the penalty rises limited rights of five years and agreed to the applicability of crimes against humanity.

The draft finally recommended to extend the limits of length of disqualification from main and accessory that will be up to ten years. Also include new restrictions and prohibitions, such as not reside in certain places or go to them to not approach the victim, their family members or others that requires the judge, or not communicate with them.
is given also more threatening to the penalty area to provide services to the community by excluding imprisonment for minor offenses and authorize its application to medium severity.

Protection life
In regard to the special part, is a systematization of criminal penalties, taking as reference the protection of life because it is the most important legal asset of our legal system.
After extensive debate, with various institutions and civil society representatives, members of the review committee approved, likewise, decriminalization of abortion in exceptional cases, such as therapeutic abortion, eugenic abortion and abortion for rape. Fixed
also a legislative error that was the subject of several plenary agreements against their limitations. Thus, sex is decriminalized under 18 and over age 14 with consent. This happens as an aggravating factor in the basic rate of rape, when done without consent.

More
consensus
The special committee reviewing the Penal Code, after about 50 regular meetings and information sessions and 20 work public hearings over a period of two years and working environment, concludes the work entrusted to the Law N ° s. 29153, 29295 and 29435.

This review process began in April 2008, had three sources for the origin of the proposals for reform: internal source, external prior.

various hearings were also held with the participation of members of the judiciary, Public Ministry, National Police, Sunat, BCR, SBS, Indecopi, Fire Corps General, Ministry of Defence and the Environment, Asbanc, Chamber of Commerce Lima, SNI, ONPE Reniec, Comptroller General, JNE, INC., a total exceeded 80.

Improvements workers
human resource management will be important, especially when it is a constant in almost all steps of the state power demand of workers for better wages, how it intends to address?
"Here the focus is economic empowerment. Obviously, we need very large for our workers, which are the lowest paid sector, but it is important to link this issue with productivity and rearrangement of the system. Look closely at the legal system of legal employment and gradually improving their income. A serious prospect I think the work undertaken with teachers, rigorous, training, evaluation, improvements and facilities, as well as the commitment to act with objectivity, because justice is not only the judges but to all judicial personnel, and I know them There is this mystique and common perspective, it's about giving the treatment is of the quality of service they provide.

Strategies 1
unconditional defense of judicial independence and autonomy of the judiciary.

2 To preserve the quality of jurisprudence and optimize the processes of control.

3 To ensure the realization
reforms to ensure efficient operation and autonomous institution.

4 Develop and institutionalize a systemic relationship between the areas of planning, budgeting and administration.

5 Improve the configuration of work processes as well as common judicial services.

6 proposes a new organization for judicial office.

7 Gaining the support of international cooperation.

8
getting closer to citizens through the provision of a service rather efficient, accessible and better coverage.

9 Ensure transparency in the judicial and administrative task. In addition, strengthening the work of the OCMA and the inspectorate of the judiciary.

Sunday, November 28, 2010

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Debate Penal Code Magazine "Legal" KEYNOTE



Magazine "Legal" Edition 330 as every week with very interesting topics:

  • The inappropriateness of constitutional processes
  • Freedom of expression and public opinion in Peru (1810-1815)
  • Protection Constitution: Presumption of innocence
  • general history of the right of Juan Pablo Pampilla Baliño



Thursday, November 25, 2010

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330 Edition DOCTOR MAX Ugarte Vega Centeno

THE MAXIMUM Dr. Ugarte Vega Centeno, a professor at the School of Post Grade UNPRG, Former President of AMAG, Professor of San Marcos, PUCP, and other important positions.

Classes are suspended from 6pm, by resolution of the Dean of the FDCP, being part of the activities for the 45th anniversary of the faculty.




Tuesday, November 23, 2010

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Talent 2010 - FDCP - UNPRG


Saturday, November 20, 2010

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STUDENTS SELECTED FOR SECOND PHASE OF THE CONTEST FOR PAPERS FOR



Selected students must be submitted on Tuesday 23 November at the auditorium of our faculty to 3:30 hours pm. Have only a ten minute period to support their presentations in the order to be determined after drawing among participants and five minutes to answer the questions the jury. The use of slides is optional.

1. JULIO LEONARDO CEVALLOS REAN - 6th "A"
2. MARCO ALFREDO BURGA ALVA - 6th "A"
3. JUAN Yaipen Chafloque - 4th "A"
4. MANUEL ALEJANDRO ZAPATA Mundaka - 6th "B"
5. VICTORIA CHAPON SANDRA MENDOZA - 6th "A"
6. VITON EDER BURGA - 4th "A"
7. INGRID YURIKO LUZVI ESPINO JOO - 2nd "A"
8. WILDER HUANCA VASQUEZ - 6th "B"

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ANNIVERSARY GALA PARTY OF THE FACULTY OF LAW



THE FACULTY OF LAW AND POLITICAL SCIENCE OF UNPRG is pleased to invite WEEK END OF 2010 WITH THE EXPECTED LEGAL "Gala."

MUSIC AND ANIMATION IN CHARGE OF A DJ. CRAZY TIME SHOW AND YOU WILL NOT PARTICIPATE IN A PRIZE DRAW NUMBER. WELL OF UNPRECEDENTED

be spent UNPRECEDENTED IN A PARTY, WHERE and have fun SHARE WITH FRIENDS.

Date: Saturday, November 27, 2010
Time: 9:00 pm
Held Restarurant TROPICANA SHOW TOUR
Entry: S /. 5. 00.
Sale location: Faculty of Law UNPRG, room No. 7, or the same day at the entrance to the premises.

Limited capacity.

AN EVENT YOU CAN NOT MISS THE

Thursday, November 18, 2010

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UNPRG Code Changes Criminal Procedure

IN DEBATE. TO AVOID THE DISMISSAL AND THE SENSE OF triumph of impunity.

Agenda. Parliament must address problems facing the criminal justice reform.

pose
need to modify the preliminary investigation within

current regulation is insufficient for more complex cases

Pedro Angulo Arana Special Prosecutor for Criminal

Our Constitutional Court, in one of his last Case (Exp No. 2748-2010-PHC/TC, basis 10), has expressed the need to modify the time of the preliminary investigation in cases of complex investigations, which now gives the new Criminal Procedure Code which gives 8 months to investigate, it is possible to expand only by the judge of the preliminary investigation, just 8 months.
In the above, adding a final approach to policing, so that in case of certain serious offenses currently considered, the period of detention, which allows a better, broader parallel and research, can be up to 15 days as has been determined to occur, by constitutional mandate, in cases of espionage, terrorism and drug trafficking.

For us, modestly, because of our job performance in the prosecution, we believe, in fact, that the orders placed are urgent issues that the legislature should put on the agenda, as soon as possible, since such have to do with preventing crime in our country is developed, in quantities and forms that, unfortunately, is already doing in brother countries, like Colombia and Mexico.

Otherwise, the request can argue that it is in line with other measures already taken, towards the fight against crime, including the elimination of benefits for the perpetrators of serious crimes or the same rating made by TC, for the prosecutors to challenge the statements excluded from the investigation of persons accused of TID and money laundering.

Closing
difficulties in relation to the subject of research within First of all, the fact is that the end of eight months is obviously very short, because we know well that those who commit crimes, either grouped or more organizations, or have in his favor planning or have many resources, all level to hinder investigations and make them take longer than eight months to achieve its objectives of impunity.
In this sense it is true that in the investigation of crimes are simple cases, since in view of the circumstances or people who commit them, they become easy to solve, without offering more difficult, such was the case of former 33 year old altar boy Jehoshaphat Vargas Vitorino, who gave Apolo at the police station in La Victoria, on March 28, 2008, confessing, indeed shocked, the rape and murder of a girl of nine years.
However, there are also other cases such as homicides although not too many people involved as perpetrators and accomplices, and presented the conditions or "conditions" that the new CPP, identify 'complex cases ", are difficult to clarify, delaying thus more of the eight or sixteen months, set a deadline.
This is precisely what worries us too much, since we believe that if the new ruling CPP was in Lima, many cases not be clarified, as stakeholders solicited term control of the preliminary investigation judge and legally motivated to file the case, by an acquittal, which would be the triumph of impunity.

investigations in complex cases
There are also serious limitations and counterproductive in the standards noted, regarding the investigation of crimes such as homicides, even worse, is the problem, considering the mega- , which are being investigated 20, 30, 40 or 60 or more people. So to cases such as these, eight or sixteen months are still almost nothing.

In this regard, should be considered that people who commit crimes are also intelligent beings, capable and skilled, and if planned and / or organize, they could pose serious challenges for operators pursuing the crime. In such circumstances, it may be thought to exist or "formulas" magic soothsayers to ascertain the facts. This means that each case will require a consistent commitment to representing particular difficulty.

Another rule to be corrected is also shown in the art. 324.2 relating to confidentiality of any action or document that the law has been considered the prosecutor may have to be maintained, for only 20 days, may be extended, by the judge of the preliminary investigation, only up to 20 days. Such term does not really help much and would be bringing down the investigation.

FLAGRANCY
Another issue is research on criminal cases of flagrante delicto or in cases of serious crimes (kidnapping, extortion, aggravated robbery), which is achieved in the early stages, arrest responsible, being wrong in such circumstances, it is intended that the arrested person can only be pregnant for 24 hours.
In such cases, the issue of detention for only 24 hours appears to be a fatal situation and pro impunity, since it would mean that we have imagined that all the facts which hold off the charge in the first hours or so blatant, and some art would become illegal clarify, within 24 hours, or worse, it is assumed that in no case will require more actions that may be made within 24 hours. This topic would
simple solution, extending the possible time to 15 days detention, as requested by the police conducting the investigation of crimes. Moreover, we believe that in each case, the maximum duration, ie 15 days, sustained way be justified.

For the public interest and the common good
Before the concrete knowledge of the difficulties faced in conducting investigations of crime, discarding any carelessness or laziness, has to apply in the public interest and the common good, that Congress worry about dealing with this reform.

Indeed, the TC, a new sentence (Exp. No. 03245-2010-PHC/TC), you just made, repeating his call to the Parliament, the foundation 11 (Case Analysis), recalling the term appears in the code "does not fit with social reality and with the powers for the Attorney General ...".

For example, under the rule of eight months and eight others, would not be cleared for vernacular singer Alicia Delgado,
because the investigation is now 17 months and still perform research activities . The same happens with the cases referred to Claudina Herrera, the murderer of the suitcase, or businesswoman Miriam Fefer. In this respect it should be that many homicide cases only come to clarify the two or three years, and up to four years
occurred.

In conclusion, if Lima was under the rule of the new Criminal Procedure Code should be resigned to accept that he had been dismissed or, in the immediate future, will be dismissed all the cases cited, via the control period of the preliminary investigation, because the legislature did not consider certain criminal cases possess unusual difficulties in his enlightenment, without taking as a motive the negligence of the operators.


Court

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JURISPRUDENCE: Denial of entry into the workplace or medical leave

day.



The right of defense is expressly recognized in the Constitution and constitutes an element of due process rights. This right is projected as a principle to reverse any helplessness and adversarial principle of procedural measures that may affect the status of some of the parties, whether in a process or procedure, or if a third party with interest.

This was established by the Constitutional Court (TC), through relapse Case No. Exp-AA 00832-2009, which states upheld the claim for protection of a worker seeking her replacement workplace to be the victim of a fraudulent dismissal violated also their right to due process refers to a legal report of the Study Miranda & Amado Abogados.

In the present case, held the letters of notice and severance by which the worker is charged with breach of various obligations. However, after the company notified the worker notarized letter of notice prevented him from entering the workplace, which for the TC found infringement of the right to due process established in law.

remarks, moreover, that although the applicant informed the company on medical leave for temporary disability for eight days Essalud authorized, such as was refused, and accused in the letter of notice the abandonment of the workplace. This will affect the right to health of workers, compliance with which is concretized in the duty of employers to allow rest for health reasons, especially when the subject had been tested by the health authority. For the reasons stated, the court resolves to declare based on demand.

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avoid labor disputes with mediation

FACILITATION. CONCILIATION PROCEEDINGS ARE SIMILAR TO A JUDGEMENT OF VALIDITY OF THE JUDICIARY

More than three thousand 500 workers paying benefits reconciled
Without resorting to the courts possible agreements in about 30 days

Issues such as the payment of Compensation for Time of Services , bonuses, vacation, among other outstanding during or upon termination of the employment relationship are the subjects addressed by most employers and workers in the management of the conciliation service of the Ministry of Labour and Employment Promotion (PETM).

According to this industry, the use of this specialized mechanism for resolving the labor dispute has allowed only in Maharashtra, to serve more than 3.563 workers in the private sector, which managed more than 8.9 million soles together, in recognition of outstanding employee benefits.

In the period January to October 2010, the team managed MTPE conciliators that workers and employers reach an agreement satisfactory to 8'779, 988 soles and $ 55.757 in less than 30 days without having to resort to litigation.

To access this free service, workers must first go to the area of \u200b\u200bLabor Consultations or settlements (if ended the employment relationship), where reconciliations will be referred to administrators when labor violations.

This office program conciliation hearings, notifies the parties and act as mediators to achieve settle their disputes peacefully, quickly and effectively, without resorting to the judiciary. The proceedings are similar to a valid sentence. If after 30 days the parties do not make it come to a solution of labor problems, just can resort to the courts.

recognized social benefits during 2009 were resolved
3.652 cases, which workers won recognition of 11'254, 399 soles.

Friday, November 12, 2010

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MTPE suspended Judiciary Workers strike for higher wages bowed to

After meeting with Javier Villa Stein, president of PJ, the unions decided to lift the strike until Thursday 18.



After meeting with the chairman of the Judiciary, Javier Villa Stein, 70% of workers in that unit of State decided today to suspend the strike for four days abiding from Nov. 3 to demand an increase in their salaries.

The crackdown has been lifted until Thursday 18, the day the Congress debated the new scale of remuneration of workers PJ, and not be a solution the strike would be reinstated.

Speaking to the press, Villa Stein said that despite the differences that existed with the workers, no substantial differences because what is wanted is a restructuring of wages according to the modern state.

"After consulting with their bases achieved this matter, so is suspended (the strike) by 70%, we hope that with the passing of the hours the remaining 30% of unions comply this bill, "he said.

ONLY A TRUCE
The secretary general of the National Federation of Workers PJ, Alcántara Diego, told Canal N that the strike has only been paralyzed for a few days to give the Ministry of Economy and Finance presenting the 2011 budget, which includes its increase, Congress, and it is approved.

reported that the bases have not yet deposed the strike are those of Ica, Ayacucho, Junin and Ucayali, but it was likely in the coming hours to join in the decision agreed with Villa Stein.

Finally, do not be clarified that the approval of its increase, PJ workers would resume the strike.

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UNPRG: ANR Francis Villena

vacaron
denounce those who would not rule it


The National Assembly of Rectors (ANR ) confirmed the validity of the mandate as sole rector of the Universidad Nacional Pedro Ruiz Gallo Francis Villena Rodríguez, a period which will end on October 11, 2011. The NRA, in special session, dismissed the "vacancy" promoted by the Academic and Administrative Vice Chancellors Montenegro José Morán Vásquez and Manuel Tafur.

The document given to know the resolutions of the Inter-University Committee on Coordination, with the signature of the secretary general, an agency of the National Assembly of Rectors, was sent yesterday morning to the office of Chancellor Francis Villena Rodríguez.

SCHOOL. The extent of the NRA was communicated to the members of the University Council, with the goal immediately is standardization of academic activities "NRA rejected the purported" vacancy "promoted by three members and six working deans in charge of a total of 85 members that make up the University Assembly, the same as at the date is not incorporated, does not have teacher representation, representation of students and graduates, "he said.

spokesmen
upper house of studies made known today should resume classes in different careers.
Villena Rodríguez
do not rule out the relevant complaints against persons found responsible

Thursday, November 11, 2010

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reset to solve case with video six minutes

For the first time. permanent criminal Board verifies the effectiveness of technology audiences.

Diligence met procedural protocol secure, transparent and timely


In an unprecedented experience with the use of videoconferencing and in just six minutes, the Board Permanent Criminal Supreme Court, presided over by Judge Cesar San Martín Castro, decided yesterday a writ of certiorari raised by Christian Gallardo Rivas, held in the prison's Miracle Trujillo.

diligence was completed between the courtroom of said criminal court of Lima, about 550 kilometers away. For this, the college used for the first time, this technological tool, as explained by the owner, not only saves time and money, but also ensures safety, transparency and speed.

The court, thus, served the writ of certiorari raised by Gallardo Rivas, who is serving a sentence of six years for the death of his son.

Procedure At the beginning of the hearing, San Martin invited the public defender's convicted Tello Jorge Ramirez, the use of the word, according to the procedural protocol.
However, the lawyer, requested the Board give the floor to his client, who declared his withdrawal from the review referred, and wished to invoke his right to benefits prison, which was granted by the court.

The representative of the Attorney General, Jorge Bernal Cavero, who was in Trujillo, concurred with the withdrawal, then, the Criminal Chamber of the court upheld Permanent.

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punish all coercive practices

IN CONSUMER. WILL FORCE FIRMS AVOID CONSUMER.

The regulation should avoid confusion with methods of persuasion

Users should test these abuses, to demand the right to restitution

The Constitution of Peru establishes the responsibility of the Peruvian State defend the interests of consumers, so that they freely and without coercion, to decide which products to buy and what services contract in the market.

So now the new Consumer Code (Law No. 29,571) extends this protection to individuals against business methods abusive practices that may be coercive, aggressive or misleading.
regard, the legal manager of the Lima Chamber of Commerce, Victor Zavala Lozano, explained that the regulations to be issued for the full implementation of the Code, it must specify the scope of the so-called "business method coercive", which obviously should not be confused with the normal practices of persuasion used by sellers to place their products on the market, as is shown not to have forced the will of the consumer.

loopholes
In his view, the Code does not define what should understood as "business method coercive", but merely to record seven alleged business method where the vendor-banned-achieved using strategies will force the consumer, who finally is taking decisions thoughtless consumption.
Indeed, Title III, Articles 56 to 62, the Consumer Code states that coercive business practices may occur when operations are conducted inside or outside of the supplier, including hiring a distance (by Internet, telephone , etc.). Thus, the forced sale can occur when the purchase is made within or outside a him.

Impact on freedom of consumer choice
Consumer Code considered aggressive or misleading business methods, all practices used by the provider to significantly impair the freedom of consumer choice, through figures such as harassment, coercion, undue influence or fraud.
Consequently, these practices are prohibited by the Code, whether the operations are performed within or outside the premises of the supplier. Even sales can be at home, catalog, through agents, distance contracts, electronic commerce, among others.
"This is misleading business methods prohibited by law, that affect consumer choice, who is entitled to immediate relief of their money or benefits granted," the expert said Victor Zavala Lozano.

Wednesday, November 10, 2010

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NEWS: The Government approved increase in the minimum wage to 600 soles



The announcement was made by the Minister of Labour, Manuela Garcia, after the increase was 50 soles agreed at the Council of Ministers.

Labor Minister, Manuela Garcia announced moments ago that the government agreed to increase the minimum wage at 50 soles, that is, 550 soles to 600 soles.

The head of the sector said that the first 50 additional soles will be paid in two parts: 30 soles from December this year and 20 soles since February 2011. This, he said, to ensure compliance by employers, who in December will also be paid bonuses.

As President Alan Garcia announced in recent days, this increase will be paid by supreme decree approved this morning by the Council of Ministers.

Following the announcement the head of the industry denied that it is a populist measure, and view various representatives of the opposition in Congress.

"This is an increase that is technically under the criteria adopted by the National Labour Council, considering the situation of enterprises and economic growth, particularly because it seeks to protect the purchasing power of our workers "Garcia said.

added that also took into account the situation of small and medium enterprises and will not be guaranteed that affected.

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CONSTITUTIONAL COURT: They punish the case away from

Constitutional Court: Court day.

This case is a process initiated by a judge under whose dismissal was requested by the OCMA. According to the plaintiff, would have violated his constitutional rights to due process, defense, equality, a plurality of instances, and the principles of reasonableness and proportionality.

the OCMA proposed the removal of the judge, including others, have acted with remarkable functional behavior severe irregular, with obvious intent to favor one party in a process, by providing the non-application of a rule, in contravention of the law issued by the Constitutional Court, which upheld the constitutionality of part of Articles of the Act, which enabled the granting of an injunction, breach of the prohibition and duty contained in the Code of the Constitution.

In its application, the judge claims ignorance of the Constitutional Court's jurisprudence, which, according to the agency, it is an unsubstantiated argument. The reason, they say, not only because of his capacity as judge was obliged to know the law of the TC on the specific subject-especially when it was a constitutional process - but because the matter had been referred to knowledge of the population through the media .

Based on these considerations, the Court finds no cause for action, concluding that there was no breach any law in the disciplinary process, referred to a report of the study area Echecopar constitutional.

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JURISPRUDENCE: The double punishment and dismissal

JURISPRUDENCE. HAVE GUIDELINES FOR EMPLOYERS.


Accurate application of non bis in idem in a dismissal process

This principle prevents punishment twice for the same offense

Carlos Cardenas (Lawyer)

The Constitutional Tribunal (TC) recently issued the sentence handed down in the No. Exp 05172-2009-PA/TC, regarding the prohibition of double punishment in the workplace, within the regulated dismissal procedure the TUO of the Law of Productivity and Competitiveness. This ban (known as non bis in idem) is one way of ensuring that employers must meet before a dismissal procedure, together with that of legality, proportionality and immediacy.
In this case, the employee was suspended from work for 30 days without pay in 2005, when an irregular removal of materials from the employer. Then in 2008 the same worker was fired, when the Criminal Chamber of the Court upheld the conviction Piura workers to three years in prison, as co-author of the crime of aggravated robbery, to the detriment of his employer. By raising his claim, the employee argued that this represented a double penalty (first with a work stoppage, and after the dismissal) and the same event.

regard, the TC said that even if the facts are basically the same, the basis or nature of the penalties are different, so that dismissal is appropriate. In the case of analysis, even when presented identity of subjects and facts, this did not happen in the case of the fundamentals, then the suspension was based on the failure of the work of the worker (irregular removal of materials from storage), while that the dismissal was based on the commission of an intentional crime (co-author of aggravated robbery), being therefore different grounds in the application of both.

In conclusion, it is important that the TC ratify the non bis in idem is a principle that is fully applicable in the workplace, be advisable to check their compliance should be necessary to impose disciplinary sanctions to the same number of workers made similar.