Habeas Corpus Nº 0013889-45.2013.4.03.0000/sp

Habeas corpus. Penal. Processual penal. Suspensão condicional do processo. Revogação do benefício por descumprimento de condição imposta, sem prévia oitiva do acusado. Transgressão ao princípio do contraditório. 1. A jurisprudência predominante no Superior Tribunal de Justiça é no sentido de que a decisão que revoga a suspensão condicional do processo por descumprimento de condição imposta, desprovida de prévia oitiva do acusado para apresentar as justificativas que dispuser, transgride o princípio do contraditório e da ampla defesa (STJ, HC n. 201102916280, Min. Rel. Laurita Vaz, j. 18.04.13; HC n. 201000998130, Min. Rel. Og Fernandes, j. 28.09.10; RHC n. 200802582100, Min. Rel. Laurita Vaz, j. 06.04.10). 2. O paciente comprovou satisfatoriamente a entrega das cestas básicas estabelecidas à Associação de Pais do Excepcional “Gota de Orgulho“ - APEGO, nas datas de 02.03.12, 03.04.12, 29.05.12, 29.06.12, 24.06.12, 29.08.12, 28.09.12 e 29.10.12 (fls. 107/112 e 123/130), justificando, razoavelmente, atraso inicial em razão de ter recebido o mandado de intimação datado de 13.12.11 apenas em 27.01.12 (cfr. fl. 90), para atendimento a partir de janeiro de 2012, o que revela sua boa-fé no cumprimento continuado da medida, mesmo após sua revogação pelo juízo deprecante em 26.06.12 (cfr. fl. 100). 3. Ordem de habeas corpus concedida.

Rel. Des. André Nekatschalow

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