Penal - Processo Penal
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Page 47
Ação penal. Atos processuais. Defesa. Defensor. Falta. Réu patrocinado por falso advogado. Recurso ratificado por quem o é. Irrelevância. Condenação. Prejuízo presumido. Nulidade processual reconhecida. Recurso provido. Precedentes. Inteligência e aplicação do art. 4º da Lei nº 8.906/
94. São tidos por inexistentes os atos processuais, privativos de advogado, praticados por quem o não seja . (STF - Rec. em Habeas Corpus n. 83800 - Rio de Janeiro - 1a. T. - Ac. unân. - Rel: Min. Cezar Peluso - j. em 05.04.2005 - Fonte: DJ, 14.10.2005).
Penal. Processo penal. Art. 334, caput, do CP. Descaminho. Mercadorias de pequeno valor. Lei nº 10.522/ 2002. Nova redação do art. 20. Autonomia entre esfera penal e fiscal. Princípio da insignificância. Inaplicabilidade. Reiteração da conduta. 1. A nova redação do art. 20 da Lei nº 10.522/2002, conferida pela Lei nº 11.033, de 21.12.2004, elevando o valor de R$ 2.500,00 (dois mil e quinhentos reais) para R$ 10.000,00 (dez mil reais) não tem aplicação imediata para fins penais em razão da autonomia existente entre a esfera penal e a esfera fiscal. 2. No crime de descaminho a quantia de R$
2.500,00 (dois mil e quinhentos reais) revela-se suficiente para caracterizar a insignificância penal, por tratar-se de um delito que envolve mercadorias de pequeno valor, sob pena de incentivo à prática da infração. 3. Ainda que o montante dos tributos devidos seja inferior a R$ 2.500,00 (dois mil e quinhentos reais), existindo elementos que indiquem a reiteração da conduta delituosa não se aplica o...
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