Acórdão do Tribunal de Justiça do Estado do Espírito Santo - CÂMARAS CRIMINAIS REUNIDAS (Processo 0025957-09.2020.8.08.0000), 19/04/2021
| Data | 19 Abril 2021 |
| Data de publicação | 18 Maio 2021 |
| Número do processo | 0025957-09.2020.8.08.0000 |
| Classe processual | Revisão Criminal |
| Órgão | Câmaras criminais reunidas |
| Tribunal de Origem | TRIBUNAL DE JUSTIÇA DO ESPÍRITO SANTO |
EMENTA: REVISÃO CRIMINAL ART. 157, §2º, INCISOS I E II, DO CÓDIGO PENAL - FIXAÇÃO DA PENA NO MÍNIMO LEGAL - IMPOSSIBILIDADE - EXISTÊNCIA DE CIRCUNSTÂNCIAS JUDICIAIS DESFAVORÁVEIS - PEDIDO JULGADO IMPROCEDENTE. 1 - A fixação da pena deve obedecer aos ditames estabelecidos nos artigos 59 e 68, ambos do Código Penal, sendo de sabença notória que a existência de circunstâncias judiciais desfavoráveis impedem a sua fixação no mínimo legal. 2 No caso em análise, militam em desfavor do requerente vetores penais desfavoráveis, óbice ao pleito de redução do apenamento ao mínimo legal. 3 Pedido revisional improcedente.
Vistos, relatados e discutidos os presentes autos, ACORDA o Egrégio Tribunal de Justiça (CÂMARAS CRIMINAIS REUNIDAS ) em, À UNANIMIDADE, JULGAR IMPROCEDENTE O PEDIDO REVISIONAL, NOS TERMOS DO VOTO DO EMINENTE RELATOR.
Vitória, .
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