Decisão Monocrática N° 07115351020238070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 19-05-2023
Juiz | NILSONI DE FREITAS CUSTODIO |
Número do processo | 07115351020238070000 |
Data | 19 Maio 2023 |
Órgão | 3ª Turma Criminal |
Trata-se de agravo em execução (fls. 2/6) interposto por SEVERINO ALVES DA SILVA contra decisão que estabeleceu ao recorrente, como pena restritiva de direito, a prestação de serviços à comunidade. Alega que tal modalidade não se mostra adequada, pois foi condenado a seis meses de detenção e conforme estabelecido no artigo 46 do Código Penal, somente seria aplicável a condenações superiores. Em contrarrazões (fls. 102/104), o Ministério Público se manifesta pelo conhecimento e provimento do recurso. A decisão foi mantida por seus próprios fundamentos (fl. 108). A Procuradoria de Justiça Criminal, mediante parecer da lavra do d. Promotor de Justiça Roberto Carlos Silva, oficia pelo conhecimento e provimento do agravo (fls. 112/114). Após inclusão do feito em pauta de julgamento (fl. 117), foi juntada petição na qual o agravante requer a desistência do recurso, alegando que em audiência admonitória, foram estabelecidos novos termos para o cumprimento da pena, não subsistindo mais o interesse no agravo. É o relato do necessário. Decido. Considerando a manifestação expressa do agravante, HOMOLOGO o pedido de desistência, para que surta os jurídicos e legais efeitos, nos termos do inciso XIII do artigo 89 do Regimento Interno deste Tribunal. Intimem-se. Retire-se o feito da pauta de julgamento e após as...
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