Processo nº 2000.001.055529-7 de Segunda Câmara Criminal, 12 de Noviembre de 2002
Magistrado Responsável | Des. Ricardo Bustamante |
Data da Resolução | 12 de Noviembre de 2002 |
Emissor | Segunda Câmara Criminal |
Tipo de Recurso | Apelacao Criminal |
Número de processo de origem | 2000.001.055529-7 |
Origem: COMARCA CAPITAL 19 VARA CRIMINAL
Processo originário: 2000.001.055529-7
Fase atual: REMESSA PARA
Número do Movimento: 30
Data da Remessa: 27/05/2003
Remetido para: RECURSO ESPECIAL E EXTRAORDINARIO
Motivo da remessa: PARA PROSSEGUIMENTO, FACE INTERPOSICAO DE RECURSO(S)
SESSAO DE JULGAMENTO
Data da sessao: 12/11/2002
Decisao: Em continuacao do julgamento, a seguir, votou o E. Des. Adilson Macabu no sentido de excluir da condenacao o concurso formal com relacao ao Sr. Prefeito Municipal Ailton R. Vivas que nao se intimidou, e, via de consequencia, em reconhecendo o crime unico, aplicar a pena final de 1 (hum) ano, 9 (nove) meses e 10 (dez) dias de reclusao e pagamento de 04 (quatro) dias-multa para ambos os Apelantes, concedendo-lhes o "sursis" simples dos arts. 77 e 78 paragrafo primeiro do Codigo Penal. Tendo em vista a divergencia dos votos, toma-se como voto medio o voto do Relator, que, em reformulando a sua posicao inicial substitutiva, ja agora aplica o "sursis" simples pelo prazo de 03 (tres) anos, mantidas as condenacoes como postas. Em resumo: por maioria de votos, vencido o Revisor, deu-se provimento parcial aos Recursos Defensivos para, mantido o juizo de reprovacao, aplicar a pena encontrada pelo E. Relator em seu voto medio.
Tipo de Decisao: REFORMADA ,PARCIALMENTE,A(O) SENTENCA(DESPACHO).
Des. Presidente: DES. J. C. MURTA RIBEIRO
Vogal(ais): DES. ADILSON VIEIRA MACABU
CONCLUSAO AO RELATOR
Data da Remessa: 04/02/2002
Data da Devolucao: 30/04/2002
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