Acórdão do Tribunal de Justiça do Estado do Espírito Santo - CÂMARAS CRIMINAIS REUNIDAS (Processo 0010378-18.2016.8.08.0014), 14/06/2021
| Data de publicação | 20 Julho 2021 |
| Número do processo | 0010378-18.2016.8.08.0014 |
| Data | 14 Junho 2021 |
| Classe processual | Embargos Infringentes e de Nulidade Ap |
| Órgão | Câmaras criminais reunidas |
| Tribunal de Origem | COLATINA - 3ª VARA CRIMINAL |
EMENTA: EMBARGOS INFRINGENTES NA APELAÇÃO CRIMINAL ROUBO MAJORADO - DIVERGÊNCIA QUANTO À FIXAÇÃO DA PENA-BASE ART. 59 DO CP FUNDAMENTAÇÃO E QUANTUM IDÔNEOS - RECURSO CONHECIDO E IMPROVIDO. 1 - Para a exasperação da pena base, a análise das circunstâncias judiciais não se utilizou de fundamentação inerente ao tipo penal, fato que infirmaria a validade do ato, mas sim, de elementos que integraram a empreitada criminosa do embargante. 2 - Desta forma, uma vez que nem todas as circunstâncias judiciais do...
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