Elemento subjetivo
Autor | Octahydes Ballan Junior |
Ocupação do Autor | Promotor de Justiça no Estado do Tocantins. Coordenador do Centro de Apoio Operacional Criminal (2012/2014). Bacharel em Direito pela Faculdade de Direito de Franca |
Páginas | 184-185 |
Page 184
É o dolo, a vontade livre e consciente de obter, para si ou para outrem, mediante constrangimento exercido com violência ou grave ameaça, vantagem econômica indevida.
Logo, se a finalidade do agente, aqui, é especial, qual seja, a obtenção da vantagem econômica, outros serão os crimes quando o móvel for diverso. Haverá estupro se o intuito for o constrangimento à conjunção carnal ou ato libidinoso diverso (art. 213, CP); constrangimento ilegal se não houver intuito específico (art. 146, CP); se o motivo for inconformismo político ou obtenção de fundos destinados à manutenção de organiza-
Page 185
ções políticas clandestinas ou subversivas, haverá delito contra a segurança nacional, conforme art. 20 da Lei n. 7.170/43.
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Furto, Roubo e Extorsão
- Extorsão
- Art. 158 do Código Penal
- Objeto jurídico
- Objeto material
- Elemento normativo
- Elemento objetivo
- Elemento subjetivo
- Sujeito ativo
- Sujeito passivo
- Consumação e tentativa
- Extorsão circunstanciada (§ 1o)
- Extorsão qualificada - resultado lesão corporal grave ou morte (§ 2o)
- Extorsão qualificada - sequestro-relâmpago (§ 3o)
- Ação penal
- Questões diversas
- Distinções
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