Recurso Em Sentido Estrito Nº 0023894-08.2008.4.01.3800/mg

Penal. Processual penal. Art. 330 do código penal. Crime de desobediência A ordem da justiça trabalhista de bloqueio de verbas. Prescrição. Ocorrência. 1. Cuida-se de recurso em sentido estrito interposto pelo Ministério Público Federal contra decisão que reconheceu a extinção da punibilidade do acusado José Dias Coelho Neto, Gerente Regional da ANATEL, por suposto crime de desobediência, vez que teria negado cumprimento a determinação judicial de bloqueio de créditos trabalhistas a serem pagos pela ANATEL à empresa Atlan Serviços Ltda. 2. Considerando que a última ordem judicial descumprida pelo recorrido foi em 02/04/2008 (fl. 422/423), data em que a ANATEL justificou o não cumprimento do bloqueio de crédito determinado pela Justiça do Trabalho da 3ª Região (fl. 421), vê-se que ocorreu a extinção da pretensão punitiva estatal em face da ocorrência da prescrição pela pena em abstrato aplicada ao art. 330 do Código penal. 3. Nos termos do art. 109, VI, do Código Penal (antes da redação dada pela Lei nº 12.234/2010), o prazo da prescrição pelo máximo da pena privativa de liberdade cominada ao crime de desobediência era de 02 (dois) anos. 4. Verifica-se ter transcorrido período de tempo superior a 2 (dois) anos entre a data do último ato de descumprimento da ordem judicial (02/04/2008), até a presente data, sem que tenha ocorrido nenhum fato interruptivo da prescrição. 5. Recurso em sentido estrito desprovido.

Rel. Des. Clemência Maria Almada Lima De Ângelo

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