Agrg No Recurso Especial Nº 1.362.124 – Mg

Agravo regimental. Recurso especial. Direito penal. Estatuto do desarmamento. Art. 14 da lei n. 10.826/2003. Apreensão de arma de fogo no interior de veículo Automotor utilizado como meio de trabalho. Caminhão não É extensão de local de trabalho. Tipificação do porte ilegal De artefato bélico. Abolitio criminis não alcança o delito de Porte ilegal de arma de fogo. Matéria constitucional. Stf. 1. O caminhão é instrumento de trabalho do motorista, assim como, mutatis mutandis, a espátula serve ao artesão. Portanto, não pode ser considerado extensão de sua residência, nem local de seu trabalho, mas apenas um meio físico para se chegar ao fim laboral. 2. Arma de fogo apreendida no interior da boleia do caminhão tipifica o delito de porte ilegal de arma (art. 14 da Lei n. 10.826/2003). 3. Ante a impossibilidade de desclassificação do crime de porte de arma para o delito de posse, faz-se superada a irresignação no tocante à incidência de abolitio criminis temporária, situação que ocorre exclusivamente na hipótese de conduta relacionada ao crime de posse de arma de fogo, acessórios e munição. 4. A violação de preceitos, de dispositivos ou de princípios constitucionais revela-se quaestio afeta à competência do Supremo Tribunal Federal, provocado pela via do extraordinário; motivo pelo qual não se pode conhecer do recurso especial nesse aspecto, em função do disposto no art. 105, III, da Constituição Federal. 5. O agravo regimental não merece prosperar, porquanto as razões reunidas na insurgência são incapazes de infirmar o entendimento assentado na decisão agravada. 6. Agravo regimental improvido.

Rel. Min. Sebastião Reis Júnior

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