Habeas Corpus Nº 104.193/rs

Direito penal – lei mais benéfica – concessão de Ordem de ofício – princípio unitário. Ante o crime perpetrado, há de adotar-se o princípio unitário relativo à incidência de normas. Mostrando-se mais favorável a lei posterior, cumpre observá-la, pouco importando que, com isso, a pena-base seja superior à inicialmente prevista. O benefício é aquilatado a partir do resultado final decorrente da dosimetria da pena.

Rel. Min. Marco Aurélio

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Jurisprudência STF/STJ

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