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.
Opinion – The concept of miscarriage of justice in Brazilian Law
In: Revista Brasileira de Ciências Criminais
Author: Raquel Lima Scalcon
Year: 2024
Synopsis:
This paper is an adapted version of a legal opinion in which the concept of miscarriage of justice and wrongful conviction in Brazilian
criminal law is discussed, as well as the criteria for compensation. It also faces a procedural issue regarding the possibility of analysis of the matter by the Brazilian Superior Court of Justice.
How to quote:
SCALCON, Raquel. Opinion – The concept of miscarriage of justice in Brazilian Law. Revista Brasileira de Ciências Criminais , [S. l.], v. 203, n. 203, p. 365–385, 2024.
Articles
Interpretive challenges of crimes against democratic institutions
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.
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.
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.
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.