According to Raquel Scalcon, neither the Code of Criminal Procedure nor the Supreme Court’s rules require a qualified dissenting opinion, a gap filled by the justices based on the logic of proportionality.
Could Eduardo Bolsonaro be held accountable for a crime against national sovereignty? See what experts say
Reporting by Joelmir Tavares.
March 02, 2025
More articles and interviews in newspaper
Rethinking the non-prosecution agreement
After five years of the non-prosecution agreement (ANPP) being in effect, Raquel Scalcon points out the practical problems of the law and proposes that negotiated justice be improved.
Options for reducing sentences leave room for the STF to apply a lesser benefit to Bolsonaro
Lawyer and criminal law professor Raquel Scalcon sees no logic in altering the severity of the penalties for the crimes themselves in the Penal Code, pointing out that they are not high.
Experts say that reducing penalties for fraud could create a sense of impunity
For Raquel Scalcon, reducing the specific penalties for each crime doesn’t seem like the right measure because the penalties aren’t high enough for those crimes, even when compared to other countries.
Ministers use historical precedent to solidify understanding on crimes against democracy
According to Raquel Scalcon, most ministers, as well as the Attorney General’s Office, adopted a broader interpretation of violence and serious threats than that traditionally used in legislation.
Fux abandons punitive stance in plot and re-examines Supreme Court’s jurisdiction
Raquel Scalcon states that the Supreme Court’s understanding of jurisdiction is not expected to change at this time, given the court’s current composition.
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