The public official by equivalence in Brazilian criminal law
The issue of interpretation of the expression “typical activity of public administration” (art. 327, § 1o, final part, of the penal code).
In: Revista Brasileira de Ciências Criminais.
Author: Raquel Lima Scalcon.
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. It questions the possibility of equating a private sector employee in a telecommunications company to a public official, which, according to the complaint, was a public service concessionaire at the time of the events. The conclusion is that the equating is invalid in the specific case, both because the activity performed by the company could not be classified as “typical” of public administration, and be- cause, even if it were, the role of the individual in question was entirely unrelated to such activity. Finally, the procedural repercussions of this conclusion are also examined.
SCALCON, Raquel Lima. Opinion – The public official by equivalence in Brazilian criminal law. The issue of interpretation of the expression “typical activity of public administration” (art. 327, § 1o, final part, of the penal code). Revista Brasileira de Ciências Criminais. vol. 212. ano 34. p. 413-434. São Paulo: Ed. RT, jan./fev. 2026. DOI: [doi.org/10.5281/zenodo.11094695].