Ocultação ou recusa de fornecimento de bens e serviços (art. 304)
Autor | Paulo Fernando dos Santos |
Páginas | 36-37 |
Page 36
Art. 304. Ocultar, sonegar, açambarcar ou recusar, no dia da eleição, o fornecimento, normalmente a todos, de utilidades, alimentação e meios de transporte, ou conceder exclusividade dos mesmos a determinado partido ou candidato:
Pena - pagamento de 250 a 300 dias-multa.
Objetividade jurídica - Proteção aos bens e serviços eleitorais e à economia popular, garantia da normalidade do pleito, além do livre exercício do voto.
Sujeito ativo - Trata-se de crime comum, praticável por qualquer pessoa.
Sujeito passivo - Qualquer pessoa, inclusive o eleitor. Em segundo plano, também o Estado.
Conduta típica - Ocultar, sonegar, açambarcar ou recusar, no dia da eleição, o fornecimento de utilidades, alimentação e meios de transporte, ou conceder exclusividade a partido ou candidato. Convém a explicação detalhada de cada uma das condutas:
Page 37
Ocultar significa esconder, colocar a recato, as utilidades, alimentação ou meios de transporte; sonegar significa impedir o acesso de forma ampla, reduzir a prestação, prestar de forma restrita; açambarcar quer dizer monopolizar, chamar para si de modo absoluto, abranger a totalidade de forma exclusiva; e recusar é o mesmo que negar, impedir.
O crime em comento somente poderá ser realizado no dia da eleição, tornando-se atípica qualquer dessas condutas cometidas em dia diverso.
Igualmente, a concessão de alimentação, meios de transporte e outras utilidades, normalmente aberta a todos, porém feita de modo exclusivo a...
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