Acórdão nº 441 de Tribunal Pleno, 29 de Junio de 2012
Magistrado Responsável | Min. Dias Toffoli |
Data da Resolução | 29 de Junio de 2012 |
Emissor | Tribunal Pleno |
Tipo de Recurso | Ação Penal |
Desi��o
O Tribunal, por maioria, julgou procedente a ação penal, reconhecendo a prática do delito previsto no artigo 1º, inciso V, do Decreto-Lei nº 201/67, contra o voto do Senhor Ministro Cezar Peluso (Presidente) que, concordando com a tipificação da denúncia, julgava improcedente a ação penal, e contra os votos dos Senhores Ministros Ayres Britto, Marco Aurélio e Celso de Mello, que reconheciam a prática do delito previsto no artigo 1º, inciso II do referido decreto.
Condenados os réus a 4 (quatro) meses de detenção, convertida em 13 (treze) dias-multa e, em conseqüência, reconhecida a prescrição, contra os votos dos Senhores Ministros Ayres Britto, Marco Aurélio, que os condenavam a 6 (seis) anos de reclusão, e Celso de Mello, que os condenava a 2 (dois) anos e 4 (quatro) meses, e aplicavam a pena de inabilitação temporária para exercício da função pública.
Ausente, justificadamente, o Senhor Ministro Joaquim Barbosa.
Falaram, pelo Ministério Público Federal, o Dr.
Roberto Monteiro Gurgel Santos, Procurador-Geral da República e, pelo réu, o Dr.
Cristiano de Souza Mazeto.
Plenário, 08.03.2012
Partes
Autor(a/s)(es) : MinistÉrio PÚblico Federal
proc.(a/S)(Es) : Procurador-Geral da RepÚblica
rÉu(É)(S) : J.
A.
G.
C.
adv.(a/S) : Cristiano de Souza Mazeto
rÉu(É)(S) : W.
M.
adv.(a/S) : JosÉ de Souza Junior
adv.(a/S) : AndrÉ Luiz Ortiz Minichiello
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