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.
Illegality and Punishment
Opposing models for the foundation of contemporary Criminal Law
Author: Raquel Scalcon
Year: 2013
Synopsis:
Based on meticulous research, characterized by uncommon scientific rigor, the author guides the reader through the difficult and often deceptive paths of major penal systems. Establishing, as is customary, from the outset what she understands by meaning, foundation, and function, the author then proceeds to an interested reading of the classical, neoclassical, and finalist models of crime, before arriving at the current state of the art and an analysis of the contemporary models of Claus Roxin (functionalist) and José de Faria Costa (onto-anthropological). The author rightly highlights the importance of the notions of punishment and unlawfulness in the foundation of criminal law and, consequently, in its different dimensions of legitimacy. After careful and thoughtful critiques of Roxin's functionalist thinking, he argues in favor of an onto-anthropological understanding of criminal law, a criminal law founded on material wrongdoing, understood here as a rupture of the onto-anthropological matrix relationship of care-of-danger, dogmatically translated by the signs proper to criminal law science.
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