Concept, distinctions, and cases. Discussions that demonstrate the lack of obviousness in the interpretation of article 327 of the Penal Code. Criminal Law.
Concrete problems of economic and corporate criminal law
Accessory nature, responsibility and process
Authors: Adriano Teixeira, Heloisa Estellita, Marcelo Cavali, Raquel Scalcon, Rodrigo de Grandis
Year: 2023
Synopsis:
This work brings together representative texts from master's theses approved up to 2022 in the Economic and Business Criminal Law concentration line of the Professional Master's Program at the São Paulo Law School of the Fundação Getulio Vargas. This line was inaugurated in 2019 with precise and well-defined objectives and a cohesive and harmonious teaching team composed of Professors Adriano Teixeira, Heloisa Estellita, Marcelo Cavali, Raquel Scalcon, and Rodrigo de Grandis, and the Teaching Assistant, Felipe Campana. In the FGV Direito SP Professional Master's Program, we strongly encourage students to use the dogmatic knowledge acquired in the course as a tool for solving concrete problems. Without neglecting theoretical depth, the dissertations, therefore, must have the potential to alter jurisprudential or even legislative reality. To this end, we encourage dissertations to present, right at the beginning, the hypothetical or real cases that generated the reflections to be developed. Next, the legal institutions relevant to the topic are presented and analyzed – if necessary, criticized and reconstructed on new foundations – as well as, if applicable, the empirical material gathered during the research. Finally, the study returns to concrete cases to solve them based on the theoretical construction and practical diagnosis developed throughout the dissertation. It is therefore expected that the master's student will be able to master the dogmatic concepts, both superficial and profound, related to the object of study; that they will be able to adequately handle criticisms of the current situation that generated the theoretical perplexity; that they will write with clarity, persuasiveness, and intellectual honesty; and, finally, that they will have the skill and acumen to solve concrete problems. The texts in this collection reflect precisely these guidelines.
More Books
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.
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.
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.