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Véo Lopes Da Silva, Gabriella

Gabriella Véo Lopes Da Silva

Bureau 123
Courriel

Gabriella is a PhD student in Law at the AV����Ƶ, under the supervision of Professor Karl Hanson. She is Brazilian and holds a scholarship of the Swiss Government Excellence Scholarship Programme. Her research interests encompass criminal law, criminal procedure, children’s and adolescents’ rights, sexual rights, violence, autonomy, criminology, the theory of Garantismo Penale and international human rights.

As a doctoral researcher, she is conducting an interdisciplinary study entitled: “A socio-legal study of sexual violence against children and children’s sexual freedom in Brazil and Switzerland: How to balance between protection and emancipation through the lens of children’s rights studies?” 

At the heart of her PhD project lies a fundamental and persistent tension between two equally significant rights: on the one hand, the right of children and adolescents to be protected from sexual violence and exploitation, and on the other, their right to sexual freedom and personal autonomy. This tension is particularly evident in the legal frameworks of Brazil and Switzerland: two jurisdictions that, despite their distinct legal traditions and socio-political contexts, both struggle with the challenge of delineating the boundaries between sexual protection and sexual freedom. In both countries, legal and social discourses surrounding adolescent sexuality remain marked by ambiguities and contradictions, raising crucial questions about how to achieve a more balanced and rights-based approach.

Her research is thus fundamentally concerned with navigating this delicate equilibrium between protection and autonomy, ensuring that the right to be shielded from sexual violence does not disproportionately override other fundamental rights, such as personal choice and self-determination. Her study explores how, from an interdisciplinary perspective within the field of children’s rights studies, it is possible to distinguish between sexual violence and sexual emancipation – an issue of particular relevance in contexts where legal systems, through rigid and sometimes outdated classifications, fail to account for the complexity of adolescent experiences and the nuanced ways in which young people navigate their sexual identities and relationships.

In 2022, Gabriella obtained her Master’s degree in Law from the Pontifícia Universidade Católica de Minas Gerais (Pontifical Catholic AV����Ƶ of Minas Gerais – Brazil), under the supervision of Professor Klelia Canabrava Aleixo, within the research strand “Intervenção Penal e Garantismo”. Having ranked first in the selection process, her research was funded by the Coordination for the Improvement of Higher Education Personnel (CAPES), a foundation linked to the Brazilian Ministry of Education that supports the expansion and consolidation of postgraduate studies (Master’s and PhD) across the country.

Her Master’s dissertation received the highest grade with a recommendation for publication and was entitled “The impossibility of downgrading the crime of statutory rape to sexual harassment in light of the principle of proportionality”. In this study, Gabriella analysed the case law of Brazil’s higher courts to assess

whether the crime of statutory rape (sexual acts with minors under the age of 14) could be reclassified as sexual harassment in cases where the sexual act was less invasive. Ultimately, she proposed several legislative amendments to ensure that sexual dignity is protected in a manner that is both proportional and consistent with fundamental human rights principles.

She holds an undergraduate degree in Law from PUC Minas (Brazil), where she was admitted through the PROUNI programme (Programa Universidade Para Todos), a merit-based scholarship for low-income students who achieve high scores in the Brazilian National High School Exam (ENEM). After graduating in 2015, she practised law in the fields of International Law and Family Law. From 2016 onwards, she worked at the Court of Justice of Minas Gerais, focusing on Criminal Law (particularly crimes against life, sexual offences and crimes against children and adolescents) and Public Law (with an emphasis on tax law, constitutional law, administrative law, public policy and public finances).

Throughout her academic career, Gabriella has been dedicated to the critical study of criminal law and children’s and adolescents’ rights, contributing with publications and participation in national and international conferences. Beyond research, she has experience in both legal practice and academia, having taught courses in Criminal Law, Criminal Procedure, Family Law, Children’s and Adolescents’ Rights and Human Rights.

She is currently a member of the research group “Garantismo Penal em Movimento” (Garantismo Penale in Motion), affiliated with the Federal AV����Ƶ of Pará (Brazil), supervised by Professor Ana Cláudia Bastos de Pinho. This group explores Garantismo Penale, a legal theory developed by Luigi Ferrajoli, which seeks to balance the state’s punitive power with the protection of fundamental rights. The group critically and practically examines garantismo, addressing topics such as procedural rights and guarantees, limitations on punitive power, the presumption of innocence, proportionality of penalties, and judicial oversight of penal legality. Additionally, it aims to connect the Teoria del Garantismo Penale with contemporary challenges in the criminal justice system.

She is also part of the research group “Finanças Públicas, Igualdade e Democracia” (Public Finance, Equality, and Democracy), affiliated with PUC Minas (Brazil), supervised by Professor Marciano Seabra de Godoi. This group investigates the relationship between state financing, the distribution of public resources, and the promotion of equality within democratic regimes. Its primary focus is on the critical analysis of fiscal, tax, and budgetary policies, seeking to understand how these mechanisms impact social justice, inequality reduction, and the strengthening of democracy. The group also examines issues such as fiscal transparency, citizen participation in public administration, and the sustainability of state finances.

She speaks Portuguese, English and Italian, and understands Spanish and French.

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