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.
Criminal Law and Fundamental Rights
Opinion – The concept of miscarriage of justice in Brazilian Law
This article is an adapted version of an opinion piece that discusses the concept of judicial error and wrongful conviction in Brazilian criminal law, as well as the criteria for its compensation. It also addresses a procedural issue concerning the possibility of the Superior Court of Justice reviewing the topic.
The challenges of identifying criminal content on social media
In an article for Jota, Raquel Scalcon shares her thoughts on the relationship between constitutional freedoms, criminal law, and the regulation of social media.
State interventions on informational self-determination for the purposes of criminal prosecution: limits and challenges
By Raquel Scalcon and Carina Quito. State interventions on informational self-determination for purposes of criminal prosecution: limits and challenges.
The Importance of Legal Theory in the Age of Covid-19
Raquel Scalcon argues for the importance of Legal Theory in guaranteeing rights and preventing state abuses during epidemics such as COVID-19.
Constitutional control of the concrete effects (purposes) of legal norms
This article originates from questions that arose during Raquel Scalcon’s doctoral thesis research: Constitutional control of criminal laws (2018).