Penal e Processo Penal. Quando o bem furtado possui valor superior a um salário mínimo não é possível o reconhecimento do privilégio do artigo 155/CP, § 2º
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Habeas Corpus substitutivo. Fur-to qualiicado tentado. Res furtiva. Valor superior ao salário mínimo. Reconhecimento do privilégio do artigo 155, § 2°, do CP. Impossibilida-de. Inexistência de constrangimento ilegal. 1. O Superior Tribunal de Justiça, na esteira do que vem decidindo o Supremo Tribunal Federal, não admite que o remédio constitucional seja utilizado em substituição ao recurso próprio (apelação, agravo em execução, recurso especial), tampouco à revisão criminal, ressalvadas as situações em que, à vista da lagrante ilegalidade do ato apontado como coator, em prejuízo da liberdade do(a) paciente, seja cogente a concessão, de ofício, da ordem de habeas corpus. 2. Para o reconhecimento do crime de furto privilegiado - direito subjetivo do réu - a norma penal exige a conjugação de dois requisitos objetivos, consubstanciados na prima-riedade e no pequeno valor da coisa furtada que, na linha do entendimen-to paciicado neste Superior Tribunal de Justiça, não deve ultrapassar o valor do salário mínimo vigente à época dos fatos. 3. É indiferente que o bem furtado tenha sido restituído à vítima, pois o critério legal para o reconhecimento do...
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