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
Author: Raquel Scalcon
Year: 2021
Synopsis:
The cases discussed in this work demonstrate the lack of obviousness in the interpretation of Article 327 of the Penal Code. This quality is fundamental, as it serves as the "gateway" to the subsystem of penal protection of public administration against internal aggressions (those crimes committed by public officials). This subsystem provides for penalties higher than those established for corresponding crimes in the private sphere (embezzlement versus peculation, for example). Given the growing practical impact of the topic, this book aims to contribute to the progressive clarification of the expressions that comprise Article 327 of the Penal Code in light of various practical situations faced by the courts. To this end, the work proposes a restrictive and systematic interpretation of this legal rule, whose basis goes beyond Penal Dogmatics, reaching Administrative Law, Constitutional Law, and Legal Theory.
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