Penal - Processo Penal
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Habeas corpus. Processo penal. Art. 38 da Lei 10.409/02. Inobservância. Nulidade absoluta. Ordem concedida. A inobservância do procedimento previsto no art. 38 da Lei nº 10.409/02 enseja a nulidade absoluta do processo. Ordem concedida em parte para anular a ação penal. (STJ - Habeas Corpus n. 40562 - Pernambuco - 6a. T. - Ac. maioria - Rel: Min. Hamilton Carvalhido - Fonte: DJ, 22.08.2005).
Homicídio culposo na direção de veículo automotor, com omissão de socorro (art. 302, parágrafo único, III, do Código de Trânsito Brasileiro). Réu que, na direção de um caminhão, por negligência na amarração da carga, contribui diretamente para o seu deslizamento, que atinge diversos veículos, resultando em uma vítima fatal. Pretensão à desclassificação para o homicídio culposo previsto no art. 121, par. 3º, do Código Penal. Impossibilidade, ante a natureza especial do Código de Trânsito Brasileiro. Prova inquestionável quanto à autoria e ao crime. Desprovimento da apelação. (TJ/RJ - Ap. Criminal n. 5574/2004 - Comarca de Teresópolis - 4a. Câm. Crim. - Ac. unân. - Rel: Des. Francisco José de Asevedo - j. em 17.05.2005 - Fonte: DOERJ, 06.06.2005).
Atentado violento ao pudor - Crime hediondo - Regime de cumprimento de pena - Integralmente fechadoDe acordo com o atual e ainda predominante entendimento do Pleno do Supremo Tribunal Federal, o estupro e o atentado violento ao pudor, ainda que praticados com violência presumida, são considerados crimes...
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