Recurso Em Sentido Estrito N. 0033752-92.2010.4.01.3800/mg

Penal e processual penal - denúncia pelos delitos do art. 171, § 3º, c/c art. 14, ii, e do art. 313-a do código penal - ausência de preenchimento dos Requisitos do art. 41 do cpp - rejeição da denúncia - recurso improvido. I - Infere-se, da peça acusatória, a ausência do preenchimento dos requisitos previstos no art. 41 do Código de Processo Penal, porquanto a denúncia não narra os fatos criminosos, com todas as suas circunstâncias, tampouco individualiza as condutas do denunciado, em relação a cada delito e a cada benefício que teria sido concedido irregularmente, a data da possível concessão e o período de pagamento, os nomes dos pretensos beneficiários, de forma a permitir a perfeita compreensão das imputações e o exercício do contraditório e da ampla defesa. II - “(...) É inepta a denúncia que não descreve o fato delituoso em todas as suas circunstâncias. O mero fato de ter o prefeito as contas referentes a período de sua gestão rejeitadas pelo Tribunal de Consta do Estado não é suficiente à verificação do tipo penal, impondo-se a individualização da conduta, sob pena de responsabilização objetiva. (...)“ (STJ, HC 48700/SP, Rel. Min. Maria Thereza de Assis Moura, 6ª Turma, unânime, DJe de 25/02/2008). III - Recurso improvido.

Rel. Des. Assusete Magalhães

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