marcos interruptivos (legal)

birder

Senior Member
More help needed with a Brazilian legal brief:

Considerando a reprimenda efetivamente aplicada e as disposições do artigo 109, inciso IV, do CP, verifica-se a ocorrencia da prescrição da pretensão punitiva em concreto quando transcurrido lapso temporal de 8 anos entre os marcos interruptivos do art. 117

Even after wading through JusBrasil, I still do not understand what marcos interruptivos are,
 
  • birder

    Senior Member
    Thank you. :thumbsup: So it is an event (of any kind?) that "cancels" the running of a statute of limitation? I wish I knew how to express that briefly in English. I am sure that it exists, for instance, when an offender repeats, but not being a lawyer, I don't know the technical phrase even in English. :confused:
     

    Carfer

    Senior Member
    Portuguese - Portugal
    Pfaa is right, but let's try to clear this a little further. And you are also right, birder. 'Prescrição' occurs after a statutory limitation period of time has elapsed. With the exception of very serious crimes, like crimes against humanity or murder (this last one only in some jurisdictions), most legal systems have laws that fix the time within which a crime may be prosecuted. They derive from the belief that there is a point beyond which an offender should no longer worry about a legal action against him or her and a point beyond which punishing a crime serves no social purpose or becomes harder to prove. So, if a crime is commited and the state authorities do not take judicial action within a set period of time they are barred from laying charges if that period of time has elapsed. Same if the authorities took judicial action but didn't carry on the proceedings with due diligence and nothing is promoted for a given period of time. The passing of the 'prescrição' time may nonetheless be interrupted by an action or event that is considered relevant for the purpose of stopping it. In civil law countries those events must be specified by the law as is the case of the events enumerated in Art. 117 of the Brazilian Penal Code. Why do the judges call them 'marcos'? Simply because they are, figuratively speaking, like milestones along a way, significant stages or events in the development of the 'prescrição' that interrupt it. So I think that the translation is not difficult: 'marcos interruptivos' are simply 'interruptive events'.

    P.S. Xposted with pfaa and birder
    By the way, 'marcos interruptivos' is not a technical term, it's just a figure of speech the judges used to refer to those events.
     
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    birder

    Senior Member
    Thanks for your extensive remarks, Carfer -- I am just not sure that 'interruptive events' conveys much meaning to a North American reader. -- It's not in the big standard 'Black's Law Dictionary' (just 'interruption' alone, which is applied by Black's specifically and only to land ownership). -- But I have no better idea. o_O
     

    Carfer

    Senior Member
    Portuguese - Portugal
    I am just not sure that 'interruptive events' conveys much meaning to a North American reader. -- It's not in the big standard 'Black's Law Dictionary' (just 'interruption' alone, which is applied by Black's specifically and only to land ownership). -- But I have no better idea. o_O
    I cannot tell you that either. I only have Barron's in my bookshelves and it doesn't mention 'interruption' at all (it's not a very comprehensive book anyway, at least the pocket version I have), but I would say that if the reader that your translation addresses is a jurist or a member of the legal profession the meaning of that expression should be quite transparent to him or her. That doesn't mean that it is the usual way of referring to those events in your target legal system, it only means that there's no way a jurist wouldn't know about the effects of the lapse of time on both the acquisition and loss of rights and that there are facts or events that interrupt the passing of time and prevent it from originating the acquisition or the loss of said right, be it on criminal or on property matters. Roman-germanic and Common Law legal families are quite different but there a few things they have in common and that is one of them. Of course, how each country or state system handles those matters and how each law family and local law names specific legal species varies widely, but the core of the matter is understandable by any jurist, I guess. If you target reader is a layman, well... whatever word or expression you choose will sound as gibberish to him or her.
    'Interrupt the statute of limitations' or 'interruption of the limitations period' seem to be quite common expressions but I should stress this: 'interruption' is the effect, the result, not the fact or event that produces that effect. Therefore you need an adjective to qualify that event, be it 'interruptive' (which I have not found but is selfexplanatory, I think) or 'interrupting (action/event)' (which I have found in some European legal documents like this one EUR-Lex - 62003CC0276 - EN - EUR-Lex or this one EUR-Lex - 62012TJ0250 - EN - EUR-Lex Choose the English version which you may compare to the Portuguese one. By the way European Commission Directorate-General for Translation's work is as a rule flawless, but, but then it's about Europe, not North America). Or else you change the redaction of that sentence.
    As a final note, I've avoided using the word 'prescription' as a translation to 'prescrição' because this one is usually applied to the loss of a right while 'prescription' is about its acquisition, but sometimes the reverse is also true, as we can also talk about 'prescrição aquisitiva' and in Luisiana, for instance, they use 'prescription' in the same sense we use 'prescrição'. But again, I guess that a trained jurist wouldn't face any difficult finding the intended meaning if I had used 'prescription'.


    INTERRUPTION. The effect of some act or circumstance which stops the course of a prescription or act of limitation's. interruption
    STATUTES OF LIMITATIONS IN TORT CASES
     
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