The article is an adapted version of a legal opinion discussing the interpretation of the expression “typical activity of public administration”, present in Article 327, § 1, final part, of the Penal Code.
Between passive corruption, active corruption, and extortion
A brief analysis of the recent criminal court decision in São Paulo.
Authors: Raquel Lima Scalcon and Maria Paes Barreto de Araujo.
Year: 2020
Synopsis:
This article analyzes a recent decision by a criminal court in São Paulo in light of the distinctions and intersections between the crimes of passive corruption, active corruption, and extortion in Brazilian Criminal Law. Based on this decision, the authors discuss how jurisprudence has addressed the classification of these behaviors, considering the core verbs of each type of crime and their respective objective and subjective elements. The text also reflects on typification, the function of the principle of legality, and the challenge of adequately differentiating the behaviors in specific cases—especially given the similarity between the typical behaviors and the importance of precise criteria for proper criminal subsumption.
How to quote:
SCALCON, Raquel Lima; ARAÚJO, Maria Paes Barreto de. Between passive corruption, active corruption, and extortion. A brief analysis of the recent criminal court decision in São Paulo. In: JOTA, 2020.
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