The crimes outlined in articles 359-M and 359-L of the Penal Code, as analyzed by Raquel Scalcon, reveal essential interpretative challenges to the protection of democratic institutions.
Beyond causality and intent
the application of the theory of objective imputation as part of the solution to traffic offenses in Brazilian practice
In: Revista do Instituto de Ciências Penais
Authors: Raquel Lima Scalcon, Felipe Longobardi Campana and Raphael Kignel
Year: 2025
Abstract:
It is not uncommon that the exam of objective typicality, in the practice of Brazilian Courts, is limited by the verification of the causality relation and the means rea or, at most, by using ad hoc criteria such as tolerated risk, trust principle etc. Therefore, this article aims to demonstrate how the theory of objective imputation of results enriches this examination, as well as to suggest ways of its application. For this purpose, three cases inspired by Brazilian legal precedents were selected. Next, the main outlines of the concepts of Claus Roxin, Wolfgang Frisch and Ingeborg Puppe on the objective imputation were presented. Finally, the decisions of Brazilian Courts in the selected cases were compared with resolutions inspired by the concepts of each of the three authors. In the end, it was concluded that the normative criteria arising from the theory of objective imputation, if applied systematically and coherently, can make the analysis of practical cases more in-depth and complete, conferring greater legal certainty to the work of the Courts.
How to quote:
SCALCON, Raquel Lima; CAMPANA, Felipe Longobardi; KIGNEL, Raphael. Beyond causality and intent: the application of the theory of objective imputation as part of the solution to traffic offenses in Brazilian practice. Revista do Instituto de Ciências Penais, Belo Horizonte, v. 10, n. 1, p. 230-261.
More Articles
The series of crimes in the indictment against Bolsonaro – part 2
This article is a continuation of the discussion on the topic of multiple offenses in the context of the charges against former President Jair Bolsonaro. In this second text, Raquel examines possible connections between the crime of aggravated damage and the crime of deterioration of listed heritage sites.
The problem of multiple offenses in the indictment against Bolsonaro (and others)
Raquel Scalcon’s article addresses the complex issue of multiple offenses in the context of the charges against Bolsonaro and others.
Between the absolute presumption of knowledge of the Law and the particularities of Economic Criminal Law
Discussions surrounding the error of prohibition, since its inclusion in the Penal Code in 1984.
Objective imputation and the “Ride Pillion Case”
The article examines the relevance of the theory of objective imputation in resolving concrete cases.
Scope and limits of the crimes of passive and active corruption
In corruption crimes, the status of being a public official serves as the “gateway” to the criminal protection of the Public Administration, shielding it from both internal and external attacks.
A teleological-restrictive interpretation of bidding crimes in light of the injustice of unfair public management
The Covid-19 pandemic has drawn attention to practical situations, such as the administration of public assets to manage crises in the health sector.
Opinion – The concept of miscarriage of justice in Brazilian Law
This article is an adapted version of an opinion piece that discusses the concept of judicial error and wrongful conviction in Brazilian criminal law, as well as the criteria for its compensation. It also addresses a procedural issue concerning the possibility of the Superior Court of Justice reviewing the topic.
The challenges of identifying criminal content on social media
In an article for Jota, Raquel Scalcon shares her thoughts on the relationship between constitutional freedoms, criminal law, and the regulation of social media.
State interventions on informational self-determination for the purposes of criminal prosecution: limits and challenges
By Raquel Scalcon and Carina Quito. State interventions on informational self-determination for purposes of criminal prosecution: limits and challenges.
Articles by Topics
Books
Concrete problems of economic and corporate criminal law
Dissertations approved up to 2022 in the Economic and Business Criminal Law concentration area of the Professional Master’s Program at Fundação Getulio Vargas, São Paulo.
The status of public official in Criminal Law
Concept, distinctions, and cases. Discussions that demonstrate the lack of obviousness in the interpretation of article 327 of the Penal Code. Criminal Law.
Constitutional Control of Criminal Laws
From legislative forecasts on the potential and concrete effects of criminal law to the duties of monitoring and improving criminal law. Constitutional Law.
Illegality and Punishment
Opposing models for the foundation of contemporary Criminal Law. The importance of the notions of unlawfulness and punishment. Claus Rozin and José de Faria Costa.