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.
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.
Articles by Topics
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The Impact of Court of Auditors Decisions on the Judicial Examination of the Objective Type of the Crime of Illegal Dispense
on the Judicial Examination of the Objective Type of the Crime of Illegal Dispense or Non-Requeriment of Bidding (art. 89, Law 8.666 /93) and of the New Crime of Illegal Direct Public Procurement
The physician working in the SUS and their qualification as a public official for criminal purposes
Article about the physician and their qualification as public official for criminal purposes in “Medical Criminal Law”, organized by Flávia Siqueira and Heloisa Estellita.
The Importance of Legal Theory in the Age of Covid-19
Raquel Scalcon argues for the importance of Legal Theory in guaranteeing rights and preventing state abuses during epidemics such as COVID-19.
Constitutional control of the concrete effects (purposes) of legal norms
This article originates from questions that arose during Raquel Scalcon’s doctoral thesis research: Constitutional control of criminal laws (2018).
Third sector entities and the crime of embezzlement
Raquel Scalcon reflects on the “Candango” case (Brazil) and the “Regina Pacis” case (Italy). The Third Sector and the Crime of Embezzlement.
The insufficient definition of the criminal concept of public official in Brazilian Law
Raquel Scalcon analyzes the problems encountered during the application of article 327 of the Penal Code to specific cases.
Classification as a government official for the purpose of criminal prosecution in the Brazilian and in the German Law:
A narrow interpretation of what constitutes government employment at state-owned companies (Article 327, main section, Criminal Doce – CC). Government official. Article by Raquel Scalcon.
Rationality of the Legislative Process as a Material Element in Constitutional Control
This essay will analyze the possible relations between the rationality of the legislative process and the constitutionality of a new law.
Legislative impact assessment
European practice and its lessons for Brazil. Raquel Scalcon investigates the use of ex ante and ex post evaluation mechanisms in the legislative process.
Constitution and Criminal Law
Fábio Roberto D’Ávila and Raquel Lima Scalcon discuss the intersections between Constitutional Law and Criminal Law, based on the decisive contribution of Ingo Sarlet.
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.
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