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.
Essays
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.
Essays by Topics
More essays
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.
Special Problems of authorship in Secondary Criminal Law
Raquel Scalcon aims at investigating the possible application of the theory of the domain of the fact, in its subspecies domain of the organization, in the field of Secondary Criminal Law, specifically in relation to white-collar crimes.
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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