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.
Essays
Beyond causality and intent
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.
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.
Essays by Topics
More essays
Crimes against Public Faith
Article by Raquel Scalcon published in the book Código Penal Comentado – 2ª Edição (Annotated Penal Code – 2nd Edition), coordinated by Luciano Anderson Souza, professor at the Faculty of Law of USP (University of São Paulo).
The (in)competence of the Electoral Court for crimes against the rule of law
Raquel Scalcon discusses the competence of the Electoral and Federal Courts to judge crimes against the Democratic Rule of Law after Laws 14.192 and 14.197.
The crime of “illegal direct contracting” (337-E, CP) and the decisions of Courts of Auditors
and the decisions of the Courts of Auditors. Article by Raquel Scalcon and Felipe Campana for the Lawyer’s Magazine, no. 153. Crime. Illegal Direct Contracting.
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.
Between passive corruption, active corruption, and extortion
Analysis of criminal decisions regarding the differences and conflicts between passive corruption, active corruption, and extortion in Brazilian Criminal Law.
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.
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.